Patna High CourtCR. MISC./23578/2024disposed

Rajesh Paswan @ Jibachh Paswan v. The State Of Bihar

2024-07-16Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23578 of 2024 In CRIMINAL MISCELLANEOUS No.84930 of 2023 Arising Out of PS. Case No.-404 Year-2023 Thana- BAHERA District- Darbhanga ====================================================== Rajesh Paswan @ Jibachh Paswan S/o Late Ram Pukar Paswan @ Rampukar Paswan R/o vill - Benipur Bad ward no. 21, P.S. - Bahera, Distt. - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 16-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The present petition has been filed for modification of order dated 19.01.2024 passed in Cr. Misc. No. 84930 of 2023, whereby the petitioner was granted bail on certain conditions in which condition no. (iv) is that the trial court shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the trial court shall take step for cancellation of bail bond of the petitioner.

3. Learned counsel for the petitioner submits that at the time of filing of earlier bail petition i.e. Cr. Misc. No. 84930 of 2023, the pairvikar was married sister of the petitioner and

Patna High Court CR. MISC. No.23578 of 2024(5) dt.16-07-2024 2/3 she was not aware about the antecedent of the petitioner, due to which in earlier bail application it has been mentioned that petitioner has no criminal antecedent. However, after grant of bail, his bail bond was not accepted by the trial court as petitioner has criminal antecedent of one case. In the present modification petition, it is mentioned that petitioner bears one criminal antecedent bearing Bahera P.S. Case No. 575 of 2022. In the light of aforesaid fact, learned counsel wants modification in order dated 19.01.2024 passed in Cr. Misc. No. 84930 of 2023 to the extent that petitioner bears one criminal antecedent bearing Bahera P.S. Case No. 575 of 2022.

4. Learned APP for the State does not controvert the said submission.

5. Pursuant to order dated 10.05.2024, the Senior Superintendent of Police, Darbhanga vide letter no. 361 dated 17.06.2024 has reported that petitioner bears one criminal antecedent viz. Bahera P.S. Case No. 575 of 2022.

6. In the light of aforesaid facts and circumstances, order dated 19.01.2024 passed in Cr. Misc. No. 84930 of 2023 stands modified to the extent that petitioner bears one criminal antecedent bearing Bahera P.S. Case No. 575 of 2022.

7. In the aforesaid manner, the present modification

Patna High Court CR. MISC. No.23578 of 2024(5) dt.16-07-2024 3/3 petition stands disposed of.

8. Let this order be communicated to the court concerned in connection with Bahera P.S. Case No. 404 of 2023. (Alok Kumar Pandey, J) shahzad/- U T