Patna High CourtCR. MISC./54746/2021dismissed

Makeshwar Mandal v. The State Of Bihar

2021-11-17Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54746 of 2021 In CRIMINAL APPEAL (SJ) No.2173 of 2020 Arising Out of PS. Case No.-60 Year-2019 Thana- RAJAON District- Banka ====================================================== Makeshwar Mandal S/O Late Prasadi Mandal R/O Village-Tekani, P.S Rajaun, District-Banka.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Narendra Kumar Singh,Advocate For the Opposite Party/s :

Mr.Sadanand Paswan,Spl.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-11-2021 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. It seems that in the petition giving rise to Cr. Appeal (SJ) No. 2173 of 2020 the petitioner-appellant declared that he had no criminal antecedent.

By filing the present application under Section 482 Cr.P.C. the petitioner-appellant is seeking modification of the order passed by this Court. This time it is stated that the petitioner-appellant has got 3 criminal antecedents and he has also been named in Rajaun P.S. Case No. 126 of 2005. Admittedly, the petitioner-appellant had not disclosed the criminal antecedent.

In these circumstances, this Court finds no reason to

Patna High Court CR. MISC. No.54746 of 2021(2) dt.17-11-2021 2/2 entertain the present application when the admitted case of the petitioner-appellant is that in the original petition for bail, he had not declared the antecedents in paragraph '3'. The order passed by this Court being a court of records is based on what the record says. The order is, thus, not fit to be modified. This application is dismissed but with liberty to the petitionerappellant to file a fresh application for regular bail with correct statement in paragraph '3'.

Mr. Sadanand Paswan, learned Spl.P.P. for the State is present.

This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) SUSHMA2/- 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'.