Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 59413 of 2023 In CRIMINAL MISCELLANEOUS No 34462 of 2023 Arising Out of PS. Case No.-40 Year-2023 Thana- SULTANGANJ District- Bhagalpur ====================================================== AKHILESH KUMAR Son of Sri Santosh Sah @ Santosh Kumar Sah R/o vill - Abjuganj, P.S. - Sultanganj, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Vivekanand Vivek, Advocate For the Opposite Party/s :

Mr Shailendra Kumar, APP ======================================================

CORAM:

HONOURABLE MR JUSTICE RAJIV ROY ORAL ORDER 08-09-2023 Heard Mr Vivekanand Vivek, learned counsel for the petitioner and Mr Shailendra Kumar, learned APP. 2 The bail application of the petitioner was allowed vide Cr Misc No 34462 of 2023 on 24.06.2023. While allowing the bail application, it was observed that if it is found that the petitioner has criminal antecedent, the bail order shall become infructuous.

3 Now, this application has been preferred stating that the petitioner was involved in Sultanganj PS Case No 504 of 2022 under Section 37 of Bihar Excise and Prohibition Act but since he had deposited the fine, he was released. The same was not incorporated in the bail application.

Patna High Court CR. MISC. No.59413 of 2023(2) dt.08-09-2023 2/2 4 Mr Shailendra Kumar, learned APP submits that in view of the fact that the petitioner has suppressed the criminal antecedent, it would be appropriate that the petitioner files fresh petition as no relief can be granted and the order itself was that in case it is found that the petitioner has criminal antecedent, the bail order shall become infructuous.

5 Taking into account the submission put forward by the parties, this bail application stands rejected. 6 The petitioner has the liberty to file a fresh petition. (Rajiv Roy, J) M.E.H./- U T