Abhiyash Burnwal @ Abhyash Barnwal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63171 of 2018 In Criminal Miscellaneous No.58634 of 2018 ====================================================== Abhiyash Burnwal @ Abhyash Barnwal, Son of Anil Burnwal, Resident of Village- Rohni, P.S. Jasidih, District- Deoghar (Jharkhand). ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Adv.
For the Opposite Party/s :
Smt. Sucheta Yadav, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 10-10-2018 Heard Sri Manoj Kumar, learned counsel for the petitioner and Smt. Sucheta Yadav, learned Addl. Public Prosecutor.
The present petition has been filed with a prayer to modify the order dated 20-09-2018 passed in Cr. Misc. No. 58634 of 2018 only to the extent that station of the court below may be substituted at Jamui from Bhojpur, Ara. Learned counsel for the petitioner has drawn my attention to the statement made in paragraph-1 of the main petition i.e. Cr. Misc. No. 58634 of 2018 and submits that in the first paragraph, it was mentioned that the case was lodged by S.I. Excise Department, Jhajha Circle, Jamui, but in prayer portion, the station of the court below was incorrectly typed as
Patna High Court Cr.Misc. No.63171 of 2018(2) dt.10-10-2018 2/2 Bhojpur, Ara instead of Jamui. He submits that since there was typographical error in the main petition, same error has occurred in the order dated 20-09-2018 passed in Cr. Misc. No. 58634 of 2018. In the present petition, the specific stand has been taken that in place of A.D.J. 2nd, Jamui, it was incorrectly typed as learned A.D.J. Bhojpur at Ara.
Considering the fact that due to bonafide mistake the said error has occurred, the prayer is allowed. Learned counsel for the petitioner is required to firstly make correction in Cr. Misc. No. 58634 of 2018 in the prayer portion. Accordingly, the order dated 20-09-2018 passed in Cr. Misc. No. 58634 of 2018 is modified to the extent that in the last paragraph, in place of learned A.D.J. II, Bhojpur at Ara, it may be read as learned A.D.J. II, Jamui.
The order dated 20-09-2018 passed in Cr. Misc. No. 58634 of 2018 stands modified to the extent as indicated above. (Rakesh Kumar, J.) nawalkrs/- U T