Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12261 of 2019 In CRIMINAL MISCELLANEOUS No.73452 of 2018 Arising Out of PS. Case No.-96 Year-2018 Thana- BIDUPUR District- Vaishali ====================================================== Chandan Kumar, S/o Devendra Pandit Resident of Kutubpur, P.S.- Bidupur, Dist- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Thakur For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-03-2019 This application has been filed for modification of earlier order dated 14.12.2018 passed in Cr.Misc. No. 73452 of 2018, which has been allowed on condition that court below shall verify the criminal antecedent of the petitioner, as there was submission that he has no criminal antecedent and only thereafter he will be released on bail. However, this application has been filed on behalf of the petitioner stating that on 28.09.2018, petitioner had been remanded in one more case i.e., Bidupur P.S.Case No. 277 of 2018 and the deponent had no knowledge about the same as such the same could not be stated in para-3 of the bail application.

Considering the facts and circumstances as well as suppression of fact of petitioner having criminal antecedent, I

Patna High Court CR. MISC. No.12261 of 2019(2) dt.06-03-2019 2/2 am not inclined to interfere with the earlier order dated 14.12.2018 passed by this Court. However, petitioner will have liberty to move again before the court below mentioning the fact for grant of regular bail which shall be considered by the court below on the basis of materials available on record and if possible, dispose of on the same day.

(Vinod Kumar Sinha, J) sujit/- U T