IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28297 of 2011
Upendra Singh & Anr.
Versus
The State Of Bihar
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07/ 16.11.2011 Heard learned counsel for the petitioners.
2. This petition has been filed by the petitioners
for modification of order dated 13.06.2011 by which
petitioners’ application for anticipatory bail bearing
Cr.Misc.No.17322 of 2011 was allowed in the following
manners:-
“Considering the aforesaid facts and
circumstances, this petition for anticipatory
bail is allowed. In the event of arrest or
surrender of the petitioners, namely,
Upendra Singh and Chandrma Singh within
fifteen days from the date of receipt of a
copy of this order in the court below, they
shall be admitted to bail on executing bail
bonds of Rs.10,000/- (ten thousand) each
with two sureties of the like amount each to
the satisfaction of Additional Sessions
Judge, F.T.C. 1st , Kaimur at Bhabhua in
Split Up Trial of Sessions Trial No.218 of
2006/103 of 2006 corresponding Trial
No.2022 of 2010 arising out of Mohania P.S.
Case No.106 of 2006 subject to the
conditions as laid down under section 438
(2) of the Code of Criminal Procedure.”
3. In the modification petition the petitioners have
sought modification of the said order only with respect to the
name of court below praying that the words “Additional
Sessions Judge, F.T.C.1st, Kaimur” be replaced by “Shri K.K.
Choudhary, J.M., 1st Class, Bhabhua”.
4. Thereafter a supplementary affidavit dated
26.09.2011 has been filed in this case stating that Trial
-2-
No.1631 of 2011 be added in the last portion of paragraph-3 of
the modification petition. A second supplementary affidavit has
been filed by the petitioners dated 25.10.2011 in which it was
claimed that the Sessions Trial No.218 of 2006 and 103 of
2006 corresponding to Trial No.2022 of 2010 be replaced by
Trial No.1631 of 2011.
5. In the said circumstances, it transpires that the
matter has been confused and in the petition for anticipatory
bail bearing Cr.Misc.No.17322 of 2011 correct number of the
case and correct name of the court had not been given due to
which the same error has crept in the said order.
6. Hence order dated 13.06.2011 passed in
Cr. Case No.17322 of 2011 is hereby recalled. However, the
petitioners will be at liberty to file a fresh application for
anticipatory bail making correct statements which will be
considered by the concerned court without being prejudiced by
this order. Accordingly, this petition is disposed of.
Harish (S.N. Hussain, J.)