Bablu Singh @ Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32187 of 2022 Arising Out of PS. Case No.-37 Year-2020 Thana- SURYAGARHA District- Lakhisarai ====================================================== Bablu Singh @ Bablu Kumar Son of Ramcharitra Singh @ Nepo Singh Resident of Village- Dumri, Ward No.-5, P.S.- Barahiya, District- Lakhisarai. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Mayank Bilochan, Advocate For the Opposite Party/s :

Mr. Md.Fahimuddin,A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-09-2022 Learned counsel for the petitioner shall remove all the defects pointed out by the stamp reporter within three weeks from today.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is seeking regular bail in connection with Suryagrha P.S. Case No.37/2020 dated 26.02.2020 registered for the offences under Sections 30(a) and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2018. The petitioner has two criminal antecedents. He is in custody since 05.05.2022 after surrendering.

Earlier the prayer for bail of the petitioner was granted bail vide order dated 12.02.2021 passed in Cr. Misc. No. 39160 of 2020 but due to non-disclosure about true criminal antecedents in paragraph '3' of the main application, the bail

Patna High Court CR. MISC. No.32187 of 2022(2) dt.28-09-2022 2/3 bond of the petitioner was canceled by the learned court below. Learned counsel for the petitioner submits that now the petitioner has disclosed his complete criminal antecedents in Paragraph '3' of this application.

Learned APP for the State has though opposed the prayer for bail of the petitioner but does not dispute the aforesaid submission.

Having regard to the submission that earlier the petitioner has granted bail by this Court in Cr. Misc. No. 39160/2020 vide order dated 12.02.2021 but his bail bond was canceled after finding that he had not disclosed his two criminal antecedents, at this stage, the petitioner has disclosed his two criminal antecedents in Paragraph '3' and it is stated that the petitioner is on bail in both the cases, this Court directs release of the petitioner above named on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-IV-cum-Special Excise Court-I, Lakhisarai in connection with Suryagrha P.S. Case No.37/2020 dated 26.02.2020, subject to the conditions as laid down under Section 437(3) Cr.P.C.

And further condition that the court below shall verify

Patna High Court CR. MISC. No.32187 of 2022(2) dt.28-09-2022 3/3 the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Certified copy of the order will be made available only after removal of the defects.

(Rajeev Ranjan Prasad, J) lekhi/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.