Abhijit Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6702 of 2025 Arising Out of PS. Case No.-388 Year-2021 Thana- BETTIAH CITY District- West Champaran ====================================================== Abhijit Kumar Singh S/o Jitendra Singh R/o Ward No- 2 Paras Pakri, Chanainbandh, P.S- Gojholiya, Dist- West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Abhishek Rai @ Abhishek Kumar Rai S/o Late Ashok Rai R/o Siswa Bhumihar, P.S. - Nawalpur, Distt.- West Champaran, At present R/o Bettiah Station Chowk, P.S. - Bettiah Town, Distt.- West Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar For the Opposite Party/s :
Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-12-2025
1. Heard learned Senior counsel for the petitioner Mr. Anshul, learned A.P.P. for the State and the learned Senior counsel appearing on behalf of the O.P. No.2 Mr. Ramakant Sharma.
2. The learned Senior counsel appearing on behalf of the petitioner submits that O.P. No.2 had moved before this Court seeking anticipatory bail by filing Cr. Misc. No.13257 of 2022 and the same was allowed by an order dated 15.09.2022. It is submitted that O.P. No.2 in Cr. Misc. No.13257 of 2022 had disclosed 5 antecedents when he had antecedent of 14 cases but then was acquitted in four cases as such five cases more remained. It is submitted that on the date when Cr. Misc.
Patna High Court CR. MISC. No.6702 of 2025(8) dt.05-12-2025 2/2 No.13257 of 2022 was filed, on that date, petitioner was having antecedent of 10 cases but then at Para-3, only five antecedents were mentioned. It is next submitted that had 10 antecedents been mentioned, perhaps the consideration of the court would have been different. It is next submitted that it is not the case of the O.P. No.2 that he was not aware that he has antecedent of 14 cases, in which, he was acquitted in four cases. It is also submitted that if the privilege of anticipatory bail granted to the petitioner is allowed to continue, in that event, it will set a precedent that any accused can come concealing his antecedent and after obtaining anticipatory bail will accept his mistake.
3. The learned Senior counsel appearing on behalf of the O.P. No.2 is not in a position to rebut the submissions of the learned Senior counsel appearing on behalf of the petitioner, as such, the order dated 15.09.2022 in Cr. Misc. No.13257 of 2022, by which, O.P. No.2 was granted the privilege of anticipatory bail is hereby cancelled.
(Satyavrat Verma, J) amit/- U T