Vivek Kumar @ Sibu Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.11273 of 2018 (3) dt.21-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11273 of 2018 ======================================================

1. Vivek Kumar @ Sibu Kumar, son of Nandu Singh, resident of VillageBarahuli, P.S. Mohania, District- Kaimur at Bhabua..... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 21-03-2018 Heard learned Counsel for the petitioner and the State. The petitioner was granted bail by this Court by order dated 7.2.2018 passed in Cr. Misc. No. 63376 of 2017 considering petitioner's clear antecedent in view of specific averment in para 3 of the aforesaid Cr. Misc. No. 63376 of 2017 stating categorically that petitioner has no criminal antecedent so by the said order the Court directed to release the petitioner on bail subject to verification of his criminal antecedent.

It is revealed that the petitioner suppressed the fact of his criminal antecedent now he submits that inadvertently he left to mention his criminal antecedent as he is also accused in another case against him registered under Sections 392 and 411 IPC. Modification in any order is done only with respect to clerical and arithmetical error but the petitioner in Cr. Misc. No. 63376 of 2017 suppressed the fact of his criminal antecedent to obtain order for bail. Moreover the show cause submitted pursuant to order of the Court calling explanation for cancellation of bail is not satisfactory at all. The bail granted to the petitioner by order dated 7.2.2018 passed in Cr. Misc. No. 63376 of 2017 is cancelled. Let a copy of this order be sent to the court concerned for the needful.

Snkumar/- (Arun Kumar, J.) U T