Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52082 of 2025 In CRIMINAL MISCELLANEOUS No.6457 of 2025 Arising Out of PS. Case No.-800 Year-2024 Thana- MADHEPURA District- Madhepura ====================================================== Chandan Kumar, S/o Pramod Kumar, Resident of Village- Ward No. 11, P.S.- Gamhatia, District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bambahadur Jha, Advocate For the Opposite Party/s :
Mrs.Pushpa Sinha-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The present petition has been filed for modification of the order dated 14.05.2025 passed in Cr. Misc. No.6457 of 2025 by this Court whereby and whereunder the petitioner has been granted bail with certain conditions. While allowing the prayer for bail of the petitioner, it was made clear that before accepting the bail bond of the petitioner, the learned trial court would verify his criminal antecedent and if it was found that the petitioner was having criminal antecedent, his bail bond would not be accepted.
3. The learned counsel for the petitioner submits that the father of the petitioner was the pairvikar and he has sworn
Patna High Court CR. MISC. No.52082 of 2025(2) dt.01-08-2025 2/3 the affidavit, but he is an illiterate and rustic person and could not apprise the learned counsel about the criminal antecedent of one case being Gamharia P.S. Case No. 173 of 2021. The learned counsel further submits that there is no deliberate or willful act on part of the person, who deposed on behalf of the petitioner. Thus, learned counsel submits that the order dated 14.05.2025 may be modified and the condition about criminal antecedent of the petitioner may be waived.
4. Though, this Court does not consider such prayers, however, considering the submission of learned counsel for the petitioner and further considering the fact that the petitioner was having only one criminal antecedent and the same was not mentioned due to fault of the person, who has sworn the affidavit on behalf of the petitioner, the prayer is allowed subject to cost of Rs.25,000/- to be deposited by the deponent in the coffers of Patna High Court Legal Services Committee within a period of four weeks.
5. Accordingly, the condition mentioned in paragraph 7 of the aforesaid order dated 14.05.2025 is waived and stands deleted from the conditions, if the aforesaid cost shall be deposited by the deponent in the coffers of Patna High Court Legal Services Committee within the stipulated period and at
Patna High Court CR. MISC. No.52082 of 2025(2) dt.01-08-2025 3/3 the time of furnishing bail bonds, the petitioner will file a receipt thereof showing deposit of such payment.
6. Accordingly, the order dated 14.05.2025 is modified to the aforesaid extent only.
7. This application stands disposed of.
(Arun Kumar Jha, J) V.K.Pandey/- U T