Patna High CourtCR. MISC./31893/2019dismissed

Mister v. The State Of Bihar

2019-06-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31893 of 2019 In CRIMINAL MISCELLANEOUS No.17215 of 2019 Arising Out of PS. Case No.-293 Year-2018 Thana- AAJAM NAGAR District- Katihar ====================================================== MISTER S/o Dabir Uddin R/o village- Hura Hazra, P.S.- Azam Nagar, P.O.- Salmari, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Ataur Rahman For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-06-2019 This application has been filed for modification of order dated 02.04.2019 passed in Cr. Misc. No. 17215 of 2019, by which, while granting the privilege of anticipatory bail to the co-accused, the prayer for bail of this petitioner was disposed of with direction surrender in the court below and the court below was directed to verify his criminal antecedent and if it is found that he is not an accused in any other case except this one, the court below shall release the petitioner on bail to his own satisfaction .

Learned counsel for the petitioner has submitted that he was not aware with regard to the criminal antecedent of the petitioner and has prayed for modification of the order 02.04.2019 passed in Cr. Misc. No. 17215 of 2019.

Patna High Court CR. MISC. No.31893 of 2019(2) dt.20-06-2019 2/2 Having heard both sides, considering the fact that this is clearly a case of suppression of criminal antecedent, as such, I am not inclined to modify the 02.04.2019 passed in Cr. Misc. No. 17215 of 2019. However, petitioner may surrender and pray for regular bail and if any such application is filed, the same shall be considered by the court below on the merit of the case, without being prejudiced by the order of this court and if possible to be disposed of on same day. .

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T