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Patna High Court - Orders

Sarpanch Sah vs The State Of Bihar on 4 January, 2023

Bench: Chakradhari Sharan Singh, Rajesh Kumar Verma

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (DB) No.1188 of 2019
                       Arising Out of PS. Case No.-201 Year-2009 Thana- GOGRI District- Khagaria
                 ======================================================
           1.     SARPANCH SAH Son of Ram Bahadur Sah, Resident of Village- Banher,
                  P.S.- Morkahi, District- Khagaria.
           2.    Ratan Sah Son of Ram Bahadur Sah, Resident of Village- Banher, P.S.-
                 Morkahi, District- Khagaria.
           3.    Dhaneshwar Sah Son of Yadu Sah, Resident of Village- Banher, P.S.-
                 Morkahi, District- Khagaria.

                                                                                   ... ... Appellant/s
                                                       Versus
                 The State of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Pramod Mishra, Advocate
                 For the Respondent/s    :        Mr. Manish Kumar No.2, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
                 SINGH
                         and
                         HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
                 SINGH)

5   04-01-2023

Re: I.A. No. 01 of 2021 This application has been filed for modification in the order dated 03.09.2020 wherein father's name of the appellants No.1 and 2 has been wrongly typed as "Yadu Sah" in place of "Ram Bahadur Sah". Learned counsel for the appellants admits that it has occurred because of inadvertent typographical error which had crept in the memo of appeal itself. He submits that the said error in the memo of appeal is bonafide and not intentional.

Patna High Court CR. APP (DB) No.1188 of 2019(5) dt.04-01-2023 2/2 We have perused the lower court records and the Vakalatnama wherein father's name of the appellants No.1 and 2 has been mentioned as "Ram Bahadur Sah". Learned counsel for the appellant appears to be correct in his submission that because of an inadvertent mistake father's name of the appellants No.1 and 2 has been wrongly typed as "Yadu Sah" in the memo of appeal.

Accordingly, in the interest of justice, learned counsel for the appellants is permitted to make necessary corrections in both the copies of memo of appeal to the extent the same relates to description of the father's name of appellants No.1 and 2, in course of the day.

It is, therefore, directed that let the order dated 03.09.2020 be read accordingly, with correct name of the father of the appellants No. 1 and 2 i.e. Ram Bahadur Sah.




                                        (Chakradhari Sharan Singh, J)


                                            ( Rajesh Kumar Verma, J)
Rajesh/mdrashid

U      T