Dhanesh Markam And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50542 of 2014 ====================================================== Dhanesh Markam & Anr .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rama Kant Singh For the Opposite Party/s : Mr. M.Rab(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-01-2015 This is an application seeking modification in the order dated 10.06.2014 passed in Cr. Misc. No. 23293 of 2014 to the extent it has been mentioned in the said order that the petitioners shall be released on bail in connection with Arwal P.S. Case No. 47/2014, if they do not have any criminal antecedent. In the bail application, which gave rise to Cr. Misc. No. 23293 of 2014, it was stated that the petitioners do not have any criminal antecedent.

However, it has been stated in the present modification petition that petitioners are accused in some cases registered in the State of Chhattisgarh for minor offences such as 379, 380 and 323 of the Indian Penal Code. It has been stated in the present application and has also been submitted on behalf of the petitioners that the petitioners' did not have any criminal antecedent and the statement was made because the deponent did not have the knowledge of such cases which were instituted in Chhattisgarh.

Patna High Court Cr.Misc. No.50542 of 2014 (3) dt.28-01-2015 P2/2 Be that as it may, keeping in view the nature of allegation, the order dated 10.06.2014 passed in Cr. Misc. No. 23293 of 2014 is modified and the condition that they shall be released on bail if they have no criminal antecedent is hereby recalled in connection with Arwal P.S. Case No. 47/2014.

This application is allowed accordingly.

(Chakradhari Sharan Singh, J.) Saif/- U T