This order allowed a modification application to correct clerical errors in the names of petitioners and their fathers in a prior anticipatory bail order (Cr. Misc. 12773 of 2018) and extended the time for surrender by four weeks.
Names and father's names corrected in earlier bail order; time for surrender extended by four weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29726 of 2018
Arising Out of PS.Case No. -147 Year- 2017 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI)
All are Residents of Vill.- Siswa Sab, P.S.- Kalyanpur, District- East Champaran.
The State of Bihar
.... .... Petitioner/s Versus .... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar No.III, Advocate. For the Opposite Party/s : Mr. Awadhesh Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
State.
This application has been filed for modification of the order dated 09.03.2018 passed in Cr. Misc. 12773 of 2018.
Learned counsel for the petitioners has submitted that name of these petitioners and their father’s name have wrongly been typed in the original bail petition and accordingly the same has been carried in the order dated 09.03.2018 passed in Cr. Misc. 12773 of 2018.
Learned counsel for the petitioners is permitted to make necessary corrections in the names of petitioners as well as
Patna High Court Cr.Misc. No.29726 of 2018 (2) dt.16-05-2018
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their fathers’ name in the original anticipatory bail application as mentioned in the First Information Report.
In such circumstances, this modification application is allowed to the extent that in the cause title of the order dated 09.03.2018 passed in Cr. Misc. 12773 of 2018, the father’s name of petitioner No. 1 be read as “Nabujan Mian” in place of “Nabudan Mian” . Similarly, the father’s name of petitioner No. 3 be read as “Alijan Mian” in place of “ Alidan Mian” and further, the name of petitioner No. 2 be also read as “Shekh Sarfaj” in
place of “ Md . Sarfaraj @ Md. Safaraj”.
The time for surrender of the petitioner in the court below is extended by another four weeks from the date of receipt of this order in terms of the order dated 09.03.2018 passed in Cr. Misc. 12773 of 2018.
Let this order be communicated to the Court of Additional Chief Judicial Magistrate-9th , Motihari, East Champaran, in connection with Kalyanpur P.S. Case No. 147 of 2017.
(Sanjay Priya, J)
S.Ali/-
U T
2 issues framed by the court
Whether to modify the cause title and names in an earlier anticipatory bail order due to clerical errors.
Whether to extend the time for surrender granted in the earlier order.
Abdul Majid
Shekh Sarfaj
Md. Nazim
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
