Patna High CourtCR. MISC./22313/2023allowed

Shailesh Kumar Poddar @ Shailesh Poddar v. The State Of Bihar

2023-09-01Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22313 of 2023 In CRIMINAL MISCELLANEOUS No.5311 of 2021 Arising Out of PS. Case No.-358 Year-2020 Thana- LAKHISARAI District- Lakhisarai ====================================================== SHAILESH KUMAR PODDAR @ SHAILESH PODDAR SON OF SURENDRA PRASAD PODDAR @ SURENDRA PODDAR RESIDETN OF VILL- PURANI BAZAR ,DHARAMSHALA ROAD, PS LAKHISARAI, DISTT- LAKHISARAI.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Prasad For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-09-2023 This application has been filed for modification of order dated 14.12.2021 passed in Cr. Misc. No. 5311 of 2021.

2. Heard the learned counsel for the petitioner as well as the learned APP for the State.

3. The learned counsel for the petitioner has submitted that the father of the petitioner, who is aged about 72 years, is deponent of this case. He is unaware of the pendency of other two cases except those which have been mentioned in paragraph No. 3 of Cr. Misc. No. 5311 of 2021 and due to mistake, those two cases could not be mentioned in paragraph no. 3 of that criminal miscellaneous petition. He has also submitted that the petitioner is a physical disabled person and he has been treated

Patna High Court CR. MISC. No.22313 of 2023(6) dt.01-09-2023 2/2 upto A.I.I.M.S, Delhi, so he deserves sympathy.

4. On the other hand, the learned APP and learned counsel for the opposite party no. 2 have opposed the prayer for bail. The learned counsel for the opposite party no. 2 has stated that the petitioner has intentionally concealed his two criminal cases.

5. Considering the above-mentioned facts and circumstances as well as the physical condition of the petitioner, this modification application is allowed and the order dated 14.12.2021 passed in Cr. Misc. No. 5311 of 2021 is modified to the extent of criminal antecedents mentioned in paragraph no. 8.

6. The learned court below is directed to accept the bail bonds of the petitioner in the event of his arrest or surrender within four weeks subject to other conditions mentioned in Cr. Misc. No. 5311 of 2021.

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