IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45028 of 2008 MAHENDRA YADAV son of Late Yogi Singh R/o Taj Colony, Panchayati Akhara, P.S. Gaya (Kotwali), Dist. Gaya Versus STATE OF BIHAR ----------- 3 5.12.2008 After I disposed of Cr. Misc. No. 35680 of 2008 by an order dated 30.9.2008 granting anticipatory bail to the petitioner on the terms and conditions mentioned therein, the petitioner has filed Cr. Misc. No. 45028 of 2008 seeking modification of my order aforesaid on the ground that the first column of the F.I.R. wrongly describes the year of the P.S. case as Kotwali P.S. Case No. 207/08 in place of Kotwali P.S. Case No. 207/07 Heard Shri Ashwani Kr. Singh, Advocate for the petitioner and Mr. Nirbhay Kumar A.P.P. for the State. Learned counsel for the petitioner draws my attention towards the certified copy of the first information report concerned which has been brought on record by way of supplementary affidavit. He submits that from the first page of the first information report it appears that the first information report was lodged on 18.8.2007 itself. From the back side of the page number three of the first information report, it appears that the P.S. case has been registered as Kotwali P.S. Case No. 207 of 2007. Further contention is that even in the Sessions Judge’s order refusing bail dated 12.8.2008 also, the F.I.R. has been referred as Kotwali P.S. case No. 207 of 2007. Thus, it is contended that the description of the year of the P.S. case as 2008 in the top line of F.I.R. is apparent mistake. - 2 - Learned A.P.P. also supports the contention of the petitioner that it is a mistake apparent in the first information report. Having perused the aforesaid copy of the first information report brought on record now as supplementary affidavit to this application and also the Xerox copy of the first information report which has been filed as annexure-1 of the Cr. Misc. No. 35680 of 2008, it appears that there is mistake in description of the year of P.S. case as aforesaid. Accordingly I modify the aforesaid order in relation to the year of the P.S. case number clarifying it that it was in relation to Gaya Sadar Kotwali P.S. case no. 207 of 2007 registered under Sections 341/324/307/504/379/34 of the I.P.C. and Section 27 of the Arms Act. The time of surrender before the court below in connection with Kotwali (Gaya) P.S. Case No. 207 of 2007, allowed by order dated 30.9.2008 is extended upto 24.12.2008 subject to the terms and conditions laid down in the aforesaid order dated 30.9.2008. Let this order be communicated through FAX at the cost of the petitioner. Rahman/ (Dr. Ravi Ranjan, J)