Alok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4264 of 2022 Arising Out of PS. Case No.-147 Year-2019 Thana- SHEOHAR District- Sheohar ====================================================== ALOK KUMAR, Son of Shri Ashok Raut @ Jaiswal, Resident of VillageShyampur, P.S.- Shyampur Bhataha, District- Shivhar. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Ms.Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr.Md. Fahimuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-08-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within two weeks. Heard learned counsel for the petitioner and Mr. Md. Fahimuddin, learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Shivhar P.S. Case No. 147 of 2019 registered for the offences punishable under Section 406, 420, 409 of the Indian Penal Code pending in the court of learned C.J.M., Shivhar. He is in custody since 08.06.2020. The petitioner has got one criminal antecedent in which he is on bail.

Learned counsel for the petitioner submits that earlier prayer for bail of the petitioner was allowed vide order dated 09.11.2020 passed in Cr. Misc. No. 25504 of 2020 but he could not be released because in the earlier petition he had not mentioned about

Patna High Court CR. MISC. No.4264 of 2022(2) dt.17-08-2022 2/2 one criminal antecedent and for that the petitioner has remained in custody for more than one and half years.

Mr. Md. Fahimuddin, learned APP for the State has not controverted the submission of learned counsel for the petitioner. Having regard to the submissions that the petitioner was earlier granted bail by this Court vide order dated 09.11.2020 in Cr. Misc. No. 25504 of 2020 subject to certain conditions but he could not be released because in the earlier petition he had not mentioned about one criminal antecedent, this Court having understood that the petitioner has already suffered for that mistake by remaining in custody for more than one and half years, directs that the petitioner above named be released on bail subject to the conditions which are mentioned in the order dated 09.11.2020 passed in Cr. Misc. No. 25504 of 2020.

This application stands disposed of.

(Rajeev Ranjan Prasad, J) vats/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.