Patna High CourtCR. MISC./61/2019allowed

Bisheshwar Modi v. The State Of Bihar

2019-02-28Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61 of 2019 In CRIMINAL MISCELLANEOUS No.7902 of 2018 Arising Out of PS. Case No.- Year-0 Thana- District- ====================================================== Bisheshwar Modi S/o Late Bitu Modi @ Late Bittu Prasad Mathuri Resident of village, Karamtanr, P.S. Chandan, Dist. Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Ranjan Singh For the Opposite Party/s :

Mr.Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-02-2019 This application has been filed for modification in the order dated 08.02.2018 passed in Cr. Misc. No. 7902 of 2018 in which co-ordinate Bench of this Court has ordered that "to the satisfaction of SDJM, Jamui in connection with Jhajha P.S. Case No. 246 of 2017, subject to verification of their criminal antecedent and if criminal antecedents are found against them they shall not be released".

Learned counsel for the petitioner submits that at the time of arrest of the petitioner there was no criminal antecedent against him, as such the criminal antecedent of the petitioners were not mentioned in the previous bail application. However due to said condition even after one year of grant of bail he

Patna High Court CR. MISC. No.61 of 2019(2) dt.28-02-2019 2/2 could not be released from jail as subsequently he was made accused in Chandan (Anandpur O.P.) P.S. Case No. 135 of 2017 dated 04.09.2017 and Chandan (Anandpur O.P.) P.S. Case No. 157 of 2017 dated 10.10.2017 enclosed as Annexure-2 and 2/1 to modification petition.

In view of above the rider i.e. "subject to verification of their criminal antecedent and if criminal antecedents are found against them they shall not be released." is deleted/removed from the order dated 08.02.2018 passed in Cr. Misc. No. 7902 of 2018.

This modification application is allowed to the extent as indicated above.

(S. Kumar, J) veena/- U T