IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28297 of 2011 Upendra Singh & Anr. Versus The State Of Bihar ---------------------------------- 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.)