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Patna High CourtCR. MISC./80388/2023disposed

Umesh Yadav v. The State Of Bihar

2024-02-09Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80388 of 2023 In CRIMINAL MISCELLANEOUS No.59775 of 2023 Arising Out of PS. Case No.-34 Year-2023 Thana- ISLAMPUR District- Nalanda ====================================================== 1.

UMESH YADAV SON OF LATE CHANDA YADAV RESIDENT OF VILLAGE - KHAGRI BIGHA, POLICE STATION - ISLAMPUR, DISTRICT - NALANDA 2.

RAJESH YADAV SON OF UMESH YADAV RESIDENT OF VILLAGE - KHAGRI BIGHA, POLICE STATION - ISLAMPUR, DISTRICT - NALANDA 3.

RAJU KUMAR SON OF DILIP YADAV RESIDENT OF VILLAGE - KHAGRI BIGHA, POLICE STATION - ISLAMPUR, DISTRICT - NALANDA 4.

RAVI KUMAR SON OF DILIP YADAV RESIDENT OF VILLAGE - KHAGRI BIGHA, POLICE STATION - ISLAMPUR, DISTRICT - NALANDA 5.

SANTAN YADAV @ SANTOO KUMAR SON OF UDAY YADAV RESIDENT OF VILLAGE - KHAGRI BIGHA, POLICE STATION - ISLAMPUR, DISTRICT - NALANDA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tej Narayan Singh, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-02-2024 Earlier the Cr. Misc. No. 59775 of 2023 was allowed on 07.10.2023. Now the present petition has been filed stating therein that erroneously the name of the father of the petitioner No. 02 Rajesh Yadav was mentioned as Umesh Yadav instead of Uday Yadav. A supplementary-affidavit to this effect has also been filed.

2. The further submission is that in the second

Patna High Court CR. MISC. No.80388 of 2023(3) dt.09-02-2024 2/2 paragraph the date and the name of the informant have been wrongly typed which should be 18.01.2023 instead of 21.01.2023 and the name of the informant should be Shiv Kumar Prasad instead of Pratima Kumari.

3. Considering the submissions put forward by the parties, the modification petition is allowed. Let the name of the father of the petitioner No. 02 Rajesh Yadav be read as Uday Yadav (instead of Umesh Yadav).

4. Paragraph two be read as follows:

The petitioners are apprehending arrest in connection with Islampur P.S. Case No. 34 of 2023 instituted under Sections 147, 148, 149, 341, 323, 324, 326, 307 of the Indian Penal Code and 27 of the Arms Act lodged on 18.01.2023 by the informant, Shiv Kumar Prasad.

5. In view of the aforesaid facts the period of surrender is extended by next four weeks.

6. The modification application (Cr. Misc. No. 80388 of 2023) is allowed with aforesaid observation. (Rajiv Roy, J) Adnan/- U T