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Patna High CourtCR. MISC./50556/2023dismissed

Bhageshwar Rai v. The State Of Bihar

2023-08-19Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50556 of 2023 Arising Out of PS. Case No.-55 Year-2023 Thana- KOILWAR District- Bhojpur ====================================================== BHAGESHWAR RAI Son of Late Dwarika Ray Resident of village - Durjanchak, P.s. - Koilwar, Distt. - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhash, Advocate For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner, in the present case, is seeking prearrest bail in connection with Koilwar P.S. Case No.55 of 2023 registered for the offences punishable under Sections341, 323, 447, 307, 325, 379 and 504/34 of the Indian Penal Code. The petitioner has got no criminal antecedent as per statement made in paragraph '3' of the application.

3. Having regard to the fact that the petitioner has not fully stated his criminal antecedents in paragraph '3' of the application, this Court would not entertain the present application.

4. Learned counsel for the petitioner submits that he will disclose the criminal antecedent of the petitioner by filing a

Patna High Court CR. MISC. No.50556 of 2023(2) dt.19-08-2023 2/2 supplementary affidavit, however, in the opinion of this Court having concealed the criminal antecedents in the main petition, at this stage the prayer for adjournment cannot be allowed on the ground that the petitioner will file a supplementary affidavit. In all fairness, he should have done it at the earliest opportunity.

5. This application is dismissed with liberty to the petitioner to file a fresh bail application disclosing his criminal antecedent.

(Rajeev Ranjan Prasad, J) arvind/- U T