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2019 DIGILAW 766 (SC)

Prince Kumar @ Prem Shankar Kumar Singh @ Prince Singh @ Prem Shankar Singh v. State Of Bihar

2019-02-20

D.Y.CHANDRACHUD, HEMANT GUPTA

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ORDER 1. Leave granted. 2. In pursuance of the notice issued by this Court on 16 January 2019, Mr. Saket Singh, learned Additional Standing Counsel appearing on behalf of the State of Bihar has taken instructions in regard to the address of the appellant. He states that both village Polda (as reflected in the cause title of Criminal Miscellaneous No.47664 of 2018 (Modification) arising out of Criminal Miscellaneous No.30925 of 2018) and village Aandharibag Kalan fell within the jurisdiction of the same erstwhile Police Station, namely, P.S. Hariharganj, District Palamu, Jharkhand. Learned Additional Standing Counsel further states that both the villages now fall within the jurisdiction of Pipra Police Station. 3. Since the factual position has been clarified by the learned Additional Standing Counsel, we are of the view that the application submitted for modification before the High Court was for correction of a bona fide error and should have been allowed. 4. We accordingly permit the correction of the address of the appellant so as to reflect village Aandharibag Kalan, Police Station Pipra, District Palamu, Jharkhand. The impugned order of the learned Single Judge dated 26 September 2018 is accordingly set aside and the application for modification shall stand allowed in the above terms. The order granting anticipatory bail passed on 26 June 2018 (Annexure P-4) shall accordingly be implemented in terms of the correct address, as reflected above. 5. The appeal is disposed of.