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Patna High CourtCR. MISC./52430/2022disposed

Sardar Khan @ Tausif Khan v. The State Of Bihar

2022-09-28Mr. Justice Arun Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52430 of 2022 In CRIMINAL MISCELLANEOUS No.31694 of 2022 Arising Out of PS. Case No.-197 Year-2019 Thana- RAGHUNATHPUR District- Siwan ====================================================== Sardar Khan @ Tausif Khan, Son of Salauddin Khan, Resident of village - Salempur, P.S.- Raghunathpur, Dist.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Advocate Kumari Anupam, Advocate For the Opposite Party/s :

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 28-09-2022 Heard learned senior counsel for the petitioner and learned counsel for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. This application has been filed for modification of the order dated 16.09.2022 passed in Cr. Misc. No.31694 of 2022 by this Court by which the petitioner has been granted bail with certain conditions and the learned court below was directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner has got criminal antecedent then it will take steps for cancellation of the bail bond of the petitioner.

Patna High Court CR. MISC. No.52430 of 2022(2) dt.28-09-2022 2/2 The learned counsel for the petitioner submits that due to mistake and lack of knowledge, in the 3rd paragraph of the bail petition, it has been mentioned that the petitioner has got clean antecedent, though he has got one more case bearing Raghunathpur P.S. Case No. 14 of 2019 in which he is on bail. The learned senior counsel further submits that for this mistake, the pairvikar seeks unconditional apology and he undertakes not to commit any such type of mistake again.

Accordingly, the order dated 16.09.2022 is modified to the extent only that in the order in place of 'The petitioner has got no criminal antecedent', it will be read as 'The petitioner has got one criminal antecedent bearing Raghunathpur P.S. Case No.14/2019'.

However, learned court below is directed to very the criminal antecedent of the petitioner and if it is found that the petitioner has got criminal antecedent apart from Raghunathpur P.S. Case No. 14 of 2019, then it will take steps for cancellation of the bail bond of the petitioner.

This application stands disposed of.

(Arun Kumar Jha, J) V.K.Pandey/- U T