Patna High CourtCR. MISC./31044/2026allowed

Aftab Mallic v. The State Of Bihar

2026-05-13Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31044 of 2026 In CRIMINAL MISCELLANEOUS No.20131 of 2026 Arising Out of PS. Case No.-779 Year-2025 Thana- PHULWARISHARIF District- Patna ====================================================== Aftab Mallic S/o Mahatab Alam @ Md. Mahtab R/o Village- Karbala, PSPhulwarisharif, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shreekant Vaidya, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP For the Informant :

Mr. Jagjit Raushan, Advocate Mr. Apul, Advocate Mr. Jayant Kr. Ray, Advocate Mr. Anjani Kumar, Advocate Mr. Shashank Shekhar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 13-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for modification of the order dated 07.04.2026 whereby while granting bail to the petitioner in connection with Phulwari Sharif P.S. Case No. 779 of 2025 the petitioner was granted bail by this court with a condition that while accepting the bail bonds of the petitioner, the learned trial court is directed to

Patna High Court CR. MISC. No.31044 of 2026(2) dt.13-05-2026 2/3 verify the criminal antecedent of the petitioner and if it is found that the petitioner is having criminal antecedent of more than four cases, the privilege of bail shall stand cancelled.

3. Today, it is submitted by learned counsel for the petitioner that due to his more than four criminal antecedents, his bail bonds were not accepted in the trial court.

4. He has further submitted that the petitioner is having fourteen criminal antecedents which has been brought on record through supplementary affidavit in this modification application. As such, he has prayed to modify the order dated 07.04.2026.

5. Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner and the contents of the modification application, the court is inclined to allow the prayer of the petitioner.

6. The order dated 07.04.2026 passed in Cr. Misc. No. 20131 of 2026 is modified and the criminal antecedent of the petitioner shall consider as fourteen criminal antecedents as submitted by learned counsel for the petitioner through supplementary affidavit.

7. The remaining part of the order dated 07.04.2026 shall remain unchanged.

Patna High Court CR. MISC. No.31044 of 2026(2) dt.13-05-2026 3/3

8. The application stands allowed to the above extent.

(Ashok Kumar Pandey, J) Shubham/- Sneha/- U T