Raushan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.56013 of 2015 (2) dt.16-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56013 of 2015 Arising Out of PS.Case No. -214 Year- 2015 Thana -GAYA KOTWALI District- GAYA ====================================================== Raushan Kumar S/o Nawal Kishore Prasad R/o Ramdhanpur, P.s Kotwali, District Gaya.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Rina Sinha For the Opposite Party : Mr. T.N. Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2015 Heard learned counsel for the petitioner, informant and the State.

The petitioner was granted bail vide order dated 07.10.2015 passed in Cr.Misc.No.38260 of 2015. Earlier it was submitted on behalf of the petitioner that the petitioner had no criminal antecedent and on the said submission made by the counsel for the petitioner, the court below was directed to verify the antecedent of the petitioner and if the court below comes to the finding that there was no criminal antecedent of the petitioner, then only the bail bond of the petitioner was be accepted.

It is submitted on behalf of the petitioner that the petitioner had criminal antecedent and a wrong statement was

Patna High Court Cr.Misc. No.56013 of 2015 (2) dt.16-12-2015 made earlier, hence his bail bond has not been accepted by the court below. The petitioner has already remained in custody for a period of six months and chargesheet has already been submitted in this case. So far allegation levelled against the petitioner is concerned, it is general and omnibus in nature. On behalf of the State and counsel for the informant, it has been submitted that on the earlier occasion, the petitioner had not come with a clean hand and had made a wrong statement before this court that the petitioner has got no criminal antecedent. Considering the aforesaid facts and the circumstances since the petitioner had not come with a clean hand and had tried to mislead the Court by making incorrect statement regarding his antecedent, I am not inclined to grant bail to the petitioner and the same is rejected for the present.

(Sudhir Singh, J) B.Kr./- U T