Nasruddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31158 of 2022 In CRIMINAL MISCELLANEOUS No.58617 of 2021 Arising Out of PS. Case No.-231 Year-2021 Thana- SUGAULI District- East Champaran ====================================================== NASRUDDIN ANSARI Son of Late Pagambar Ansari Resident of Village - Uttari Buchha, P.S.- Sugauli, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anshu Dhar Sharma, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-07-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The bail application (Cr. Misc. No. 58617 of 2021) was filed on 23rd of September, 2021. Paragraph-3 of the bail application read as follows :- " that the petitioners have no criminal antecedent"

The matter was taken up on 12.04.2022 i.e. seven months after the filing of the bail application. Taking into consideration that the petitioner no. 1, namely, Nasaruddin Ansari has no criminal antecedent, as one of the points, this Court granted him the privilege of bail. However, once the bail was allowed, a modification petition has

Patna High Court CR. MISC. No.31158 of 2022(2) dt.20-07-2022 2/3 been filed and it is essential to incorporate Paragraph No. -3 which reads as follows :- " that it is pertinent to mention here that in para 3 of the Cr.Misc. No. 58617 of 2021 as per instruction of the parvikar of the client it was submitted that petitioner has no criminal antecedent and on that basis Your Lordship has directed to verify the criminal history of the petitioner and as a matter of fact the petitioner has the following criminal antecedent such as follows :-

(1) Sugauli P.S. Case No. 112/2010, Registered U/S 147, 148, 149, 323, 324, 307, 379 of the IPC - On Bail.

(2) Sugauli P.S. Case No. 330/2020, Registered U/S 323, 341, 427 & 34 of the IPC- On Bail.

(3) Sugauli P.S. Case No. 371/2020, Registered U/S 147, 149, 341, 323, 324, 354(B), 379506 of the IPC - On Bail.

(4) Sugauli P.S. Case No. 162/2021, Registered U/S 143, 341, 323, 324, 307, 354(B), 379, 427, 504, 506 of the IPC - On Bail."

Patna High Court CR. MISC. No.31158 of 2022(2) dt.20-07-2022 3/3 A bare perusal of paragraph-3 shows that not only the petitioner was having complete knowledge of all the criminal cases pending against him, he had filed application for bail and as per the statement in paragraph-3, he is/was on bail in all such cases.

Taking into account the fact that it was deliberate attempt by the petitioner to get the privilege of bail that he chose to mention in Paragraph No-3 that he has no criminal antecedent tried to mislead this Court. It is a fit case in which direction can be given for his prosecution but the Court limits itself to the bail application.

Considering the fact that the petitioner no. 1, namely, Nasaruddin Ansari concealed the facts that he was accused in four criminal cases, this Court is not inclined to grant him the privilege of bail and the bail application in the aforesaid circumstance stands rejected.

(Rajiv Roy, J) Jagdish/- U T