Ajit Kumar @ Ajit Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35224 of 2018 In Criminal Miscellaneous No.11620 of 2018 Arising Out of PS. Case No.- Year- Thana- District- Patna ====================================================== Ajit Kumar @ Ajit Paswan ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gyanendra Kumar Singh For the Opposite Party/s :

Mr.Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-01-2019 Heard.

The present application has been filed for modification of the order dated 11.04.2018, passed in Criminal Miscellaneous No. 11620 of 2018 to the extent that the name of the petitioner be read as 'Ajit Kumar' in place of Ajit Kumar @ Ajit Paswan.

It is submitted by learned counsel for the petitioner that the petitioner was named in the FIR as Ajit Kumar and was remanded in judicial custody on 09.10.2017. Thereafter, the petitioner preferred an application with a prayer for bail before this Court vide Criminal Miscellaneous No. 11620 of 2018,

Patna High Court Cr.Misc. No.35224 of 2018(7) dt.07-01-2019 2/3 describing the petitioner's name Ajit Kumar @ Ajit Paswan and vide order dated 10.04.2018, the petitioner Ajit Kumar @ Ajit Paswan was directed to be released on bail in connection with the aforesaid matter. But he could not be released as he was remanded by name as Ajit Kumar. Earlier vide order dated 27.06.2018, a co-ordinate Bench of this Court while calling for case diary of Laheri P.S. Case No.240 of 2017 also called for a report from the learned Court below about the real name and identity of the petitioner abovenamed. In pursuance to the same, a report has been transmitted through Letter No.154, dated 19th of July, 2018 which suggests petitioner's name as Ajit Sahni.

It is further submitted that petitioner Ajit Paswan and Ajit Kumar @ Ajit Sahni is one and the same person. Learned APP for the State does not controvert the submissions made by learned counsel for the petitioner. In view of the submissions made above it appears that there is no dispute with regard to parentage and address of the petitioner as well as the fact that the petitioner Ajit Kumar @ Ajit Paswan and Ajit Kumar @ Ajit Sahni is one and same person.

In the circumstances, the order dated 10.04.2018, passed in Criminal Miscellaneous No. 11620 of 2018 is

Patna High Court Cr.Misc. No.35224 of 2018(7) dt.07-01-2019 3/3 modified to the extent that let the petitioner's name be read as Ajit Kumar @ Ajit Paswan @ Ajit Sahani (Dinesh Kumar Singh, J) Ashwini/- U T