Patna High Court - Orders
Awadh Yadav @ Avdhesh Yadav vs The State Of Bihar on 13 March, 2019
Author: Rajendra Kumar Mishra
Bench: Rajendra Kumar Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13973 of 2019
In
CRIMINAL MISCELLANEOUS No.71005 of 2018
Arising Out of PS. Case No.-77 Year-2018 Thana- KADIRGANJ District- Patna
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Awadh Yadav @ Avdhesh Yadav, Male aged about 32 years, Son of
Ramashish Prasad, Resident of Village-Daulatpur, P.S-Kadirganj, Dist.-Patna.
... ... Petitioner/s
Versus
The State of Bihar,
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Siddhartha Prasad, Advocate.
For the Opposite Party/s : Mr. Rajendra Singh, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
MISHRA
ORAL ORDER
2 13-03-2019Heard.
This application has been filed on behalf of the petitioner for modification of the order dated 05.02.2019 passed in Criminal Misc. No.71005 of 2018 by this Court.
Learned counsel for the petitioner submits that vide order dated 05.02.2019 passed in Criminal Misc. No.71005 of 2018 by this Court, the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks from the date of the order, was directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of J.M., 1st Class, Masaurhi, in Kadirganj P.S. Case No.77/18, subject to the conditions as laid Patna High Court CR. MISC. No.13973 of 2019(2) dt.13-03-2019 2/3 down under Section 438(2) of Cr.P.C. but, inadvertently, in the third/fourth line of paragraph-1 of Criminal Misc. No.71005 of 2018, in place of "Sections 379, 411/34" of the Indian Penal Code, "Sections 379, 441/3 of the Indian Penal Code" has been typed, in the cause title of the said application, the father's name of the petitioner "Ramashish Prasad" has been left to be typed and in place of "P.S. Kadirganj", "P.S. & P.O. Kadirganj"
has been typed. Due to that reason, the same mistakes occurred in the second/third line of paragraph-2 and cause title of the order dated 05.02.2019 passed in Criminal Misc. No.71005 of 2018 by this Court. Learned counsel for the petitioner prays for modification with regard to the same in the order dated 05.02.2019 passed in Criminal Misc. No.71005 of 2018 by this Court and also to extend the period of surrender of the petitioner in connection with the concerned case in the court below.
In view of the submission of the learned counsel for the petitioner, Let in the second/third line of paragraph-2 of the order dated 05.02.2019 passed in Criminal Misc. No.71005 of 2018 by this Court, in place of "Sections 379, 441/34 of the Indian Penal Code" it be read as "Sections 379, 411/34 of the Indian Penal Code", in the cause title of the same, after the name of the petitioner, the father's name of the petitioner be Patna High Court CR. MISC. No.13973 of 2019(2) dt.13-03-2019 3/3 read as "Ramashish Prasad" and in place of "P.S. & P.O. Kadirganj", it be read as "P.S. Kadirganj". The date of surrender of the petitioner in connection with the concerned case is further extended for a period of four weeks from today.
With the aforesaid modification in the order dated 05.02.2019 passed in Criminal Misc. No.71005 of 2018 by this Court, this application stands disposed of.
(Rajendra Kumar Mishra, J) P.S./-
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