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Patna High CourtCR. MISC./34696/2023allowed

Basudev Yadav @ Basdev Raut v. The State Of Bihar

2023-06-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34696 of 2023 Arising Out of PS. Case No.-338 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== BASUDEV YADAV @ BASDEV RAUT S/O LATE RUDAL YADAV R/O Village- Baithaniya, Ward No. 05, P.S- Majhauliya, Distt.- West Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anant Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-06-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 324, 307, 379, 34 of the IPC.

Earlier, vide order dated 24.02.2023 passed in Cr. Misc. No.63596 of 2022, the petitioner was granted anticipatory bail with a condition that the learned Court below shall verify the criminal antecedent of the petitioner and in case, it was found that he has criminal antecedent, his bail bonds shall not be accepted.

It is submitted by learned counsel for the petitioner that it came during verification that petitioner has one criminal antecedent i.e. Majhauliya P.S. Case No.561 of 2021. It is submitted that cognizance has been taken against the petitioner

Patna High Court CR. MISC. No.34696 of 2023(2) dt.28-06-2023 2/2 in that case and also final form has been filed, therefore, the petitioner could not mention his antecedent in the earlier bail application but after cognizance, it has come that petitioner has one criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Majhauliya P.S. Case No.338/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T