Petitioner sought modification of an earlier bail order years late, claiming a typing error, but the high court dismissed the petition due to the unexplained delay.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19946 of 2016
====================================================== 1. Rajkumar Singh @ Nehru Singh son of Gandhi Singh, Resident of village- Keorha, P.S.- Dhanarua, District- Patna. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pankaj Kumar Jha For the Opposite Party/s : Mr. Surendra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 06-05-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner appears to be granted bail vide order dated 16.10.2008 passed in Cr. Misc. No. 30802 of 2008 in connection with Dhanarua P.S. Case No. 33 of 2004 but submission on behalf of the petitioner is that Cr. Misc. No. 30802 of 2008 had been filed in connection with Dhanarua P.S. Case No. 33 of 2006 but due to typing mistake in order dated 16.10.2008 passed in Cr. Misc. No. 30802 of 2008, in place of Dhanarua P.S. Case No. 33 of 2006, it was wrongly typed as Dhanarua P.S. Case No. 33 of 2004 and, therefore, petitioner wants the above stated modification in order dated 16.10.2008 passed in Cr. Misc. No. 30802 of 2008.
Petitioner seeks the above stated modification near
Patna High Court Cr.Misc. No.19946 of 2016 (2) dt.06-05-2016
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about after eight years of passing the aforesaid order and no explanation regarding the aforesaid delay is given by the petitioner. Hence, I do not think it proper to pass any order in respect of modification of order dated 16.10.2008 passed in Cr. Misc. No. 30802 of 2008 and, accordingly, this modification petition stands dismissed.
However, this order shall not cause any prejudice to petitioner to file fresh bail petition before the competent court.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
U T
Rajkumar Singh
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
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