Kallu Rai @ Mithilesh Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84498 of 2023 In CRIMINAL MISCELLANEOUS No.3311 of 2023 Arising Out of PS. Case No.-57 Year-2022 Thana- KOILWAR District- Bhojpur ====================================================== 1.

Kallu Rai @ Mithilesh Kumar Rai Son of Rampujan Rai R/o vill - Mahadeochak Simariya, P.s. - Koilwar, Distt. - Bhojpur at Ara 2.

Anil Rai Son of Rampujan Rai Ro vill - Sikram Singh Ka Tola, P.s. - Barhara, Distt. - Bhojpur at Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-01-2024 The present modification application has been filed for modification of the order dated 14.07.2023 passed in Cr. Misc. No.3311/2023 to the extent of correcting the address of the petitioner no.1 and also to extend the period to surrender. Vide the said order, the prayer for anticipatory bail of the petitioners was rejected with liberty to surrender before the learned Court below and pray for regular bail.

2.

It is submitted by learned counsel for the petitioner that in the aforesaid order, the address of the petitioner no.1 has been wrongly mentioned as 'Resident of Village-Sikram Singh Ka Tola, P.S.-Barhara, District-Bhojpur at Ara' in place of 'Resident of Village-Mahadeochak Simariya, P.S.- Koilwar, District-

Patna High Court CR. MISC. No.84498 of 2023(2) dt.12-01-2024 2/2 Bhojpur at Ara'. The correct address is mentioned in paragraph4 of the modification petition and in the fresh vakalatnama filed by the petitioner no.1.

3.

Considering the submission of learned counsel for the petitioners, the order dated 14.07.2023 passed in Cr. Misc. No.3311/2023 is modified to the extent that in the order-sheet at cause-title portion, the address of the petitioner no.1 be read as "Resident of Village-Mahadeochak Simariya, P.S.- Koilwar, District-Bhojpur at Ara".

4.

Further, in the interest of justice, the period to surrender and seek regular bail from the Court below by the petitioner no.1 is extended by four weeks from today in connection with Koilwar P.S. Case No.57 of 2022, pending in the court of learned Chief Judicial Magistate, Bhojpur at Ara. 5.

The order dated 14.07.2023 passed in Cr. Misc. No.3311/2023 is modified to the extent as indicated above and rest of the order shall remain intact. Let this order be read along with the order dated 14.07.2023.

6.

Accordingly, this modification application stands disposed of.

(Anjani Kumar Sharan, J) pallavi/- U T