Sudish Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37549 of 2016 ====================================================== Sudish Rai S/o Late Sohan Rai resident of Village- Awari, P.S.- Mordhowrah, District- Saran at Chapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Rajani Kumari For the Opposite Party/s : Mr. Sri Shyam Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-09-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks modification of the order dated 01.04.2016 passed in Cr.Misc. No.13186 of 2016 in connection with Marhowrha P.S. Case No.211 of 2013. One of the conditions imposed while granting bail in the aforesaid case is Condition No.(ii)i.e. that the petitioner had to file an affidavit stating therein that he is not an accused in any other case and, if he is, he shall not be released on bail.

In Cr.Misc. No.13186 of 2016, the petitioner at para 3 has stated that there is no criminal history against him. But when the petitioner approached the learned court below for his release on bail it has come to light that there are three cases against the petitioner, i.e., Marhowrah P.S.Case No.180 of 2009, Marhowrah

Patna High Court Cr.Misc. No.37549 of 2016 (2) dt.29-09-2016 2/2 P.S. Case No.2 of 2001 and Marhowrah P.S.Case No.157 of 2013. There is suppression of facts by the petitioner who has admitted it. Hence, this modification application is dismissed on the ground of suppression of facts.

(Nilu Agrawal, J) AnilKrSinha/- U T