Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36915 of 2022 Arising Out of PS. Case No.-1546 Year-2018 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Amit Kumar Son Of Late Siyaram Singh Resident Of Village- Jamin Mathiya, P.S.- Meenapur, District- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Inderjeet Kumar Son Of Harendra Thakur Resident Of Village- Serna, P.S.- Kanti, District- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arinjay Kumar For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2023 Heard learned counsel for the petitioner, O.P. No. 2 and learned A.P.P for the State.

The present application has been filed for cancellation of anticipatory bail of O.P. No. 2 which was granted vide order dated 04.01.2022 passed in Cr. Misc. No. 83957 of 2019.

It is submitted by learned counsel for the petitioner that O.P. No. 2 had suppressed the material fact in para 3 of Cr. Misc. No. 83957 of 2019 that he has no criminal antecedent and on that ground the

Patna High Court CR. MISC. No.36915 of 2022(9) dt.26-07-2023 2/3 anticipatory bail of the O.P. No. 2 was granted by this Hon'ble Court. In fact, the O.P. No. 2 was accused in Kanti P.S. Case No. 19 of 2018 and during pendency of the bail petition, O.P. No. 2 has also been named as an accused in Kanti P.S. Case No. 524 of 2020.

Learned counsel appearing on behalf of the O.P. No. 2 has submitted that O.P. No. 2 was granted anticipatory bail keeping in view the merits of the case. In fact, the affidavit has been done by the father of the O.P. No. 2 who is an old person, who may not have given instruction to the counsel for the petitioner about a case which was lodged against the O.P. No. 2 prior to the present complaint. The O.P. No. 2 tenders his unconditional apology for not supplying the information regarding criminal antecedent of the O.P. No. 2 to this Court.

Considering the facts stated above, this Court is not inclined to take a different view in the matter. The prayer for cancellation of anticipatory bail

Patna High Court CR. MISC. No.36915 of 2022(9) dt.26-07-2023 3/3 to O.P. No. 2 which was granted vide order dated 04.01.2022 passed in Cr. Misc. No. 83957 of 2019 is hereby rejected.

(Sunil Kumar Panwar, J) Shageer/- U T