Sudhir Kumar @ Sudhir Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45623 of 2021 Arising Out of PS. Case No.-43 Year-2019 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== SUDHIR KUMAR @ SUDHIR KUMAR RAI Son of Bhagaynarayain Rai Resident of Village- Muksudpur, P.S.- Minapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar, Adv.

For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-03-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within two weeks after start of normal functioning of the Court.

Heard learned counsel for the petitioner and Mr. Akhileshwar Dayal, learned A.P.P. for the State. Petitioner in the present case is seeking regular bail in connection with Runnisaidpur P.S. Case No.43 of 2019 registered for the offences punishable under Sections 30, 30(a), 38(i)(ii) of the Bihar Prohibition and Excise Act, 2016.

When the matter is called out, learned counsel for the petitioner informs this Court that in paragraph '3' of the petition inadvertently the six criminal antecedents of the petitioner could not be mentioned. Learned counsel sought permission to file a supplementary affidavit stating the criminal antecedents. This Court has noticed over the period that in a large number of cases attempts are being made in this Court to conceal the

Patna High Court CR. MISC. No.45623 of 2021(2) dt.02-03-2022 2/2 criminal antecedents while filing the petition and hundreds of cases of this nature have come before this Court earlier. This Court has further noticed that only when it is sensed by learned counsel representing the petitioner that the Court may enquire into it and find out the same from the case diary etc. then in order to control the damage prayer is made to allow the petitioner to file a supplementary affidavit.

This Court has recently been disallowing such prayers. This application is dismissed being incompetent because of the nondisclosure of the criminal antecedents in paragraph '3' of the petition with liberty to file a fresh application giving complete criminal antecedents.

Since the petitioner has got six criminal antecedents and those were concealed, this Court calls upon the deponent of the affidavit namely Rajababu Ray, son of Ramtahal Ray, resident of village-Madaripur Karn, P.S.-Muzaffarpur, District-Muzaffarpur to show cause as to why an appropriate order be not passed against him for concealment of criminal antecedents of the petitioner. List this matter with the show cause of the deponent after two weeks on 23.03.2022.

(Rajeev Ranjan Prasad, J) arvind/- 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'.