Roushan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 30363 of 2018 In Criminal Miscellaneous No. 23681 of 2018 Arising Out of PS. Case No.- 55 Year- 2016 Thana- Kursakanta District- Araria ====================================================== Roushan Sah, Son of Udichand Sah @ Bauky Resident of Village - Tarijama, Police Station - Faryani, District - Morang (Nepal). ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Prasad Singh For the Opposite Party/s :

Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

16-05-2018 Heard Sri Anil Prasad Singh, learned counsel for the petitioner and Sri Dinesh Singh, learned Addl. Public Prosecutor.

The present petition has been filed with a prayer to make correction in order dated 23-04-2018 passed in Cr. Misc. No. 23681 of 2018. In the said order, year of case was incorrectly typed. Instead of Special Case No. 1503/2017, it has been typed as Special Case No. 1503/2016. On examination of the order of the court below i.e. order dated 02-04-2018 passed in A.B.P. No. 157 of 2018, which was brought on record in Cr. Misc. No. 23681 of 2018, it is evident that earlier error, committed in the order dated 07-02-2018 of rejection, was already modified by the court below.

Patna High Court Cr.Misc. No.30363 of 2018(2) dt.16-05-2018 2/2 Considering the facts and circumstances, it appears that in order dated 23-04-2018 passed in Cr. Misc. No. 23681 of 2018 in 2nd paragraph and last paragraph of the order, the case number i.e. Special Case No. 1503/2017 was incorrectly typed as Special Case No. 1503/2016.

Accordingly, in order no. 2 dated 23-04-2018 in Cr.Misc. No. 23681 of 2018, in place of Special Case No. 1503/2016, it may be read as Special Case No. 1503/2017. Accordingly, order no. 2 dated 23-04-2018 in Cr. Misc. No. 23681 of 2018 stands modified and present petition i.e. Cr. Misc. No. 30363 of 2018 is allowed.

In order dated 23-04-2018 passed in Cr. Misc. No. 23681 of 2018, while granting bail, in event of his arrest or surrender, six weeks time was granted to the petitioner to surrender. Since the order dated 23-04-2018 passed in Cr. Misc. No. 23681 of 2018 has been modified today, accordingly, from today, the petitioner is required to surrender within six weeks. (Rakesh Kumar, J.) anay U T