Ravi Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12741 of 2023 In CRIMINAL MISCELLANEOUS No.57875 of 2022 Arising Out of PS. Case No.-445 Year-2022 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Ravi Rai S/o Birendra Rai Resident of village- Dihrama, P.S.- Sonhan, District- Kaimur, Bhabhua.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 29-03-2023 This application has been filed for modification of the order dated 20.12.2022, passed in Cr. Misc. No. 57875 of 2022.

Ld. counsel for the petitioner submits that in paragraph no. 3 of the bail petition bearing Cr. Misc. No. 57875 of 2022, he has inadvertently failed to mention the criminal antecedents of the petitioner as he was unaware of the fact that the petitioner was earlier made accused in one case.

He further submits that, one of the conditions of the bail granted to the petitioner was that : "In case, it is brought to the notice of the court

Patna High Court CR. MISC. No.12741 of 2023(2) dt.29-03-2023 2/3 below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same."

However, Ld. Counsel for the petitioner submits that the petitioner has already been released in compliance of the order dated 20.12.2022 because no notice of any criminal antecedent was brought to the notice of court. He further submits that after release of the petitioner, informant apprised the court below that the petitioner has one criminal antecedent.

Hence, in such situation, as per the condition of the bail order dated 20.12.2022, the court below has already been directed to hear the informant and get satisfied whether the petitioner had concealed his criminal antecedent despite his knowledge of the same. If he is satisfied that the petitioner has concealed his criminal antecedent despite his knowledge, his bail bond is bound to be cancelled and, thereafter, the petitioner may have further cause of action to

Patna High Court CR. MISC. No.12741 of 2023(2) dt.29-03-2023 3/3 file fresh application for bail.

The matter is disposed of accordingly.

(Jitendra Kumar, J) skm/chandan/- U T