Patna High CourtCR. MISC./12209/2023bail granted

Sanny Kumar v. The State Of Bihar

2023-04-26Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12209 of 2023 Arising Out of PS. Case No.-22 Year-2022 Thana- PANDARAK District- Patna ====================================================== SANNY KUMAR SON OF ARUN PRASAD R/O VILL.- GOPKITA, P.S.- PANDARAK, DISTT.- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prince Kumar Mishra Mr.Vikash Kumar Jha For the Opposite Party/s :

Ms.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-05-2023 Heard Mr. Prince Kumar Mishra, the learned counsel for the petitioner. He apprised the Court that his client has not only committed fraud upon the court, but also violated his fiduciary relation with the learned counsel. As a matter of fact, the petitioner was implicated in the present case for the allegation that 20 pieces of iron rod, said to be stolen property, were recovered from a tractor. This Court granted bail to the petitioner on 26.04.2023 considering the facts and circumstances and also keeping in view that other co-accused persons have been granted bail by this Court and a coordinate Bench of this Court. As a matter of fact, the case of the petitioner was heard out of turn through a mentioning on the ground of marriage of the sister of the petitioner. The invitation

Patna High Court CR. MISC. No.12209 of 2023(3) dt.04-05-2023 2/2 card/wedding card was annexed with the mentioning slip. Later on, the learned counsel for the petitioner came to know that the marriage of the sister of the petitioner was not fixed and he has committed fraud upon the Court by annexing a fabricated marriage card of his sister.

This Court appreciates the fair stand of Mr. Mishra, but at the same time, the order dated 26.04.2023, whereby the petitioner was granted bail, is recalled.

The learned court below is directed to take coercive measures to procure the appearance of the petitioner, if he fails to surrender before the court below.

With these observations, the application stands disposed of.

The Senior Superintendent of Police, Patna need not inquire into the matter regarding authenticity of marriage of the sister of the petitioner.

(Nawneet Kumar Pandey, J) HR/- U T