Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23529 of 2024 In CRIMINAL MISCELLANEOUS No.77074 of 2023 Arising Out of PS. Case No.-397 Year-2023 Thana- Excise P.S. District- Begusarai ====================================================== Nitish Kumar sonof Sunil Sah Resident of Village- Tilrath Betauli Ward no 15, Ps- Barauni Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pushpendra Kumar Singh For the Opposite Party/s :
Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The present application has been filed for modification of the order dated 19.12.2023 passed in Cr. Misc. No. 77074/2023.
3. Learned APP for the State has submitted that the present modification has been filed on behalf of the petitioner for not mentioning the criminal antecedent of the petitioner in para. 3 of the bail petition passed in Cr. Misc. No. 77074/2023 whereas as per the impugned order, the petitioner is accused in four other criminal cases.
4. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.23529 of 2024(4) dt.12-07-2024 2/2 of the case as well as the fact that the reasons mentioned in the modification application are not tenable in the eyes of law, this Court is not inclined to allow the modification application filed on behalf of the petitioner in connection with Excise P.S. Case No. 397/2023 pending in the court of learned Exclusive Special Judge-2nd Excise Act, Begusarai.
5. Accordingly, the present modification application stands rejected and the petitioner is directed to surrender to the Court below within six weeks from the date of this order and the Court below shall consider the prayer of the bail of the petitioner on the same day without being prejudice by this order. (Chandra Prakash Singh, J) atul/- U T