Rajiv Kumar Mahtha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20718 of 2024 In CRIMINAL MISCELLANEOUS No.47953 of 2023 Arising Out of PS. Case No.-1047 Year-2021 Thana- COMPLAINT CASE District- Jamui ====================================================== RAJIV KUMAR MAHTHA SON OF KHELU PASI @ KHELU MAHTHA RESIDENT OF BARMASIYA, P.S. - DEOGHAR (TOWN P.S.), DISTRICT - DEOGHAR (JHARKHAND) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-03-2024

1. The present petition has been filed for correcting the address of the petitioner, mentioned in the order dated 19.08.2023, passed in Cr.Misc. No.47953 of 2023, which has been mentioned incorrectly, on account of error committed by the petitioner in the main bail petition itself, as Village-Barmasiya, P.S. Jhajha, District-Jamui instead of Village-Barmasiya, P.S. Deoghar, District-Deoghar (Jharkhand).

2. The learned counsel for the petitioner submits that since the address had been wrongly mentioned in the petition by the petitioner in the bail petition, his address has consequently been wrongly mentioned in the order dated 19.08.2023, hence a sympathetic view be taken and the same be rectified as also the petitioner be granted further four weeks time from today to

Patna High Court CR. MISC. No.20718 of 2024(2) dt.13-03-2024 2/2 surrender before the learned trial Court and avail the privilege of provisional bail.

3. Per contra, the learned APP for the State has submitted that it is for this Court to grant indulgence or negate the prayer made by the petitioner.

4. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the averments made in the present petition, I deem it fit and proper to direct that the address of the petitioner, in the order dated 19.08.2023, shall be deemed to be read as resident of Village-Barmasiya, P.S. Deoghar, District-Deoghar (Jharkhand). It is further directed that the time period granted to the petitioner to surrender before the learned Court of S.D.J.M., Jamui in connection with Complain Case No.1047 of 2021, in order to avail the privilege of provisional bail, shall stand extended by a further period of four weeks from today.

5. The present petition stands disposed off with the aforesaid modification in the order dated 19.08.2023 passed in Cr.Misc. No.47953 of 2023.

(Mohit Kumar Shah, J) Saurav/- U T