Patna High CourtCR. MISC./35912/2023dismissed

Md Moiuddin @ Mintu v. The State Of Bihar

2023-06-21Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35912 of 2023 In CRIMINAL MISCELLANEOUS No.52003 of 2022 Arising Out of PS. Case No.-80 Year-2020 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Md Moiuddin @ Mintu Son of Abdul Ahmad, Resident of Village- Sahpur Baghauni, Ps- Waini, Distt- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Harun Quareshi, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The present modification application has been filed for modifying the order dated 21.03.2023 passed in Cr. Misc. No. 52003 of 2022.

Learned counsel for the petitioner submits petitioner was granted regular bail vide order dated 21.03.2023 passed in Cr. Misc. No. 52003 of 2022 with certain conditions as mentioned in the order dated 21.03.2023. He further submits that due to inadvertently the petitioner has not mentioned one case i.e. Complaint Case No. 1418 of 2009 which was pending against the petitioner.

Patna High Court CR. MISC. No.35912 of 2023(2) dt.21-06-2023 2/2 Learned counsel for the petitioner further submits that in view of the aforesaid, the order dated 21.03.2023 may be modified to the aforesaid extent that the petitioner has one more case which was not mentioned in Cr. Misc. No. 52003 of 2022 i.e. Complaint Case No. 1418 of 2009.

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for modification application on the ground that the petitioner has not came with clean hand in Cr. Misc. No. 52003 of 2022 and the petitioner has suppressed his criminal antecedent.

Considering the aforesaid facts, I am not inclined to modify the order dated 21.03.2023 passed in Cr. Misc. No. 52003 of 2022.

Accordingly, the present modification application stands dismissed.

(Rajesh Kumar Verma, J) mdrashid/- U T