Patna High CourtCR. MISC./50384/2024allowed

Haroon Khan @ Haroon v. The State Of Bihar

2024-08-23Mr. Justice Jitendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50384 of 2024 In CRIMINAL MISCELLANEOUS No.6467 of 2024 Arising Out of PS. Case No.-223 Year-2023 Thana- PALASI District- Araria ====================================================== 1.

Haroon Khan @ Haroon Son Of Mohammad Khan Resident Of Bansar, Ward No.6,P.S. - Palasi, District- Araria 2.

Sahabuddin Khan Son Of Mohammad Khan Resident Of Bansar, Ward No.6,P.S. - Palasi, District- Araria 3.

Sadique Khan @ Sadique Anwar Son Of Sabir Khan @ Sabir Resident Of Bansar, Ward No.6,P.S. - Palasi, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rohit Kumar, Advocate For the State :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-08-2024 The present petition has been preferred by the petitioners for modification in the order dated 17.02.2024, whereby the petitioners were granted anticipatory bail in Palasi P.S. Case No. 223 of 2023.

2. However, Ld. counsel for the petitioners submits that on account of ignorance, the petitioners could not state in their anticipatory bail petition that they had one criminal antecedent each bearing Palasi P.S. Case No. 211 of 2022 registered for offences under Sections 341, 323, 379, 354(B) and 504/34 of the Indian Penal Code. He also submits that petitioners are villagers and they are hardly literate. He also submits that on account of the criminal antecedents of the petitioners, they could not furnish their bail bonds because Ld.

Patna High Court CR. MISC. No.50384 of 2024(4) dt.23-08-2024 2/2 Trial Court found that there is one criminal antecedent against the petitioners and that is violation of one of the conditions as stipulated in the order dated 17.02.2024 passed in Cr. Misc. No. 6467 of 2024.

3. Ld. A.P.P. for the State, however, opposes the prayer of the petitioners for modification of the order dated 17.02.2024 passed in Cr. Misc. No. 6467 of 2024 submitting that the petitioners had deliberately concealed their criminal antecedents.

4. However, seeing the rural background of the petitioners, prayer of the petitioners is allowed making modification in paragraph No.7 of the order dated 17.02.2024 passed in Cr. Misc. No. 6467 of 2024 to the effect that the petitioners have one criminal antecedent each bearing Palasi P.S. Case No. 211 of 2022.

5. In view of the aforesaid facts and circumstances, the petitioners are given further four weeks' time from today to surrender in the Trial Court and furnish their bail bonds as stipulated in the order dated 17.02.2024.

(Jitendra Kumar, J.) ravishankar/S.Ali U T