IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49569 of 2008 BIRENDRA JAISWAL, S/o- Jai Shankar Prasad Jaiswal, C/o- Binod Sah, Resident of Mohalla- Dharamganj, P.S.- Kishanganj, Distt- Kishanganj :-- Petitioner. Versus 1. STATE OF BIHAR 2. Mohamadul Hassan, S/o- Late Abdul Rahim, Resident of Village- Majhia, Vakil Tola, P.S.- Kishanganj, District- Kishanganj :--- Opposite Parties. ----------- 10. 16.12.2009. Heard learned counsel for the petitioner and learned counsel for Opposite Party No.2. This application has been filed for recall or the order dated 17.11.2008 passed in Cr. Misc. No. 41720 of 2008, whereunder Opposite Party No.2 was allowed privilege of bail in Kishanganj P.S.Case No. 113 of 2008 registered for the offence under Section 366,34 of the Penal Code. It is submitted on behalf of the petitioner that there is error of record committed by this Court in passing the order dated 17.11.2008, which is evident from the fact that the bail was allowed to Opposite Party No.2 in consideration of the fact that two co-accused, namely, Md. Yasin and Md. Zahid @ Md. Zahid have been admitted to the privilege of bail by another Bench of this Court under orders passed in Cr. Misc. No. 35616 of 2008 and 37637 of 2008 which finding was recorded by this Court in order dated 17.11.2008 on the basis of the computerized slip which was appended by the High Court office with Cr. Misc. No. 41720 of 2008. It is submitted on behalf of the petitioner that aforesaid information contained in the computerized slip was not correct as aforesaid two accused were not allowed bail by this Court prior to 17.11.2008 rather they have been allowed bail by this Court on the strength of the order dated 17.11.2008 later on. The error committed in passing the order dated 17.11.2008 is - 2 - being accepted by the counsel for Opposite Party No.2 also. Let Opposite Party No.2, namely, Mohamadul Hassan surrender in the court below (Chief Judicial Magistrate, Kishanganj) in connection with Kishanganj P.S.Case No. 113 of 2008 on or before 22nd December, 2009 and with this direction this application is disposed of. P.K.P. (V.N.Sinha,J.)