Gautam Kumar Sah @ Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49081 of 2024 In CRIMINAL MISCELLANEOUS No.23616 of 2024 Arising Out of PS. Case No.-1268 Year-2023 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== GAUTAM KUMAR SAH @ GAUTAM KUMAR S/O BIJALI SAH Resident of Village- Chainpur Phetehpur, P.S. Kanti, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-07-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

Learned counsel for the petitioner submits that the petitioner was granted the privilege of anticipatory bail by order dated 10-4-2024 in Cr. Misc No. 23616 of 2024 and was directed to surrender within a period of six weeks from the date of order dated 10-4-2024. It is next submitted that that learned trial court was directed to verify the criminal antecedent of the petitioner before accepting his bail bonds and if it is found that petitioner has antecedent of more than two cases in that event the anticipatory bail order shall not be given effect to. 3.

It is next submitted that petitioner in Cr. Misc No.

Patna High Court CR. MISC. No.49081 of 2024(2) dt.05-07-2024 2/3 23616 of 2024 at para 3 had pleaded that petitioner has antecedent of two cases, i.e. Kanti P.S. Case No. 542 of 2022 and Kanti P.S. Case No. 60 of 2023. It is next submitted that petitioner is not an accused in Kanti P.S. Case No. 60 of 2023, rather is an accused in Kanti P.S. Case No. 260 of 2023 but inadvertently instead of Kanti P.S Case No. 260 of 2023 at para3(ii) of the Cr. Misc No. 23616 of 2024, it was pleaded as Kanti P.S. Case No. 60 of 2023.

4.

It is further submitted that petitioner in compliance of the order dated 10-4-2024 surrendered on 7-5-2024, i.e., within time and thereafter a report was called for when the aforesaid fact came to the notice. It is thus submitted that petitioner had not concealed his criminal antecedent rather inadvertently at para-3(ii) of the Cr. Misc No. 23616 of 2024 had pleaded wrong P.S Case No., but then had surrendered within time seeking anticipatory bail in compliance of the order dated 10-4-2024 in Cr. Misc No. 23616 of 2024. 5.

It is next submitted that on account of said inadvertence, the petitioner could not be enlarged on anticipatory bail as such the instant modification application has been filed seeking modification of para-3 (ii) of Cr. Misc No. 23616 of 2024 and also to extend the time of surrender.

Patna High Court CR. MISC. No.49081 of 2024(2) dt.05-07-2024 3/3 6.

In view of the submission made by the learned counsel appearing on behalf of the petitioner, para-3(ii) in Cr. Misc No. 23616 of 2024 is modified to be read as Kanti P.S. Case No. 260 of 2023 instead of Kanti P.S. Case No. 60 of 2023. 7.

In the event, if the petitioner surrenders on or before 19-7-2024, his anticipatory bail bonds shall be accepted on the same terms and conditions, if he has antecedent of two cases only then.

(Satyavrat Verma, J) SUMIT/- U T