Chandeshwar Das @ Chandeshwar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49430 of 2015 Arising Out of PS.Case No. -142 Year- 2015 Thana -SHERGHATI District- GAYA ====================================================== Chandeshwar Das @ Chandeshwar Kumar Son of Chotan Das Resident of village - Datmi, P.S. Hunterganj, District - Chatra ( Jharkhand ) .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.52210 of 2015 Arising Out of PS.Case No. -142 Year- 2015 Thana -SHERGHATI District- GAYA ====================================================== Ravindar Das @ Mangra @ Rabindra Das Son of Chottan Das, Resident of Village Datmi, P.S. Hunterganj, District Chatra, (Jharkhand) .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.49430 of 2015) For the Petitioner/s : Mr. Sheikh Arkan Ahmad For the Opposite Party/s : Mr. Dinesh Singh(App) (In Cr.Misc. No.52210 of 2015) For the Petitioner/s : Mr. Sheikh Arkan Ahmad For the Opposite Party/s : Mr. Rajendra Nath Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-11-2017 Show cause on behalf of the petitioner Chandeshwar Das @ Chandeshwar Kumar has been filed. Heard the learned counsel for the petitioner and the learned A.P.P. for the State and perused the record. On the petition of Md. Shakil Ahmad that the petitioner Chandeshwar Das @ Chandeshwar Kumar after suppressing his criminal antecedent has secured bail vide order

Patna High Court Cr.Misc. No.49430 of 2015 (6) dt.15-11-2017 2/2 dated 10.12.2015 in Cr. Misc. No. 49430 of 2015 though Chandeshwar Das @ Chandeshwar Kumar has got criminal antecedent as he is an accused in Hunterganj P.S. Case No. 96 of 2014 registered under section 386 of the I.P.C. In the show cause in paragraph-5 it is stated that the bail bond of the petitioner may be cancelled because on behalf of the petitioner wrong instruction was given to the Advocate and criminal antecedent was concealed.

The learned A.P.P. also submits that after concealing the criminal antecedent bail was obtained. Under the circumstances, the bail granted by order dated 10.12.2015 in Cr. Misc. No. 49430 of 2015 is hereby cancelled. The bail bond of accused Chandeshwar Das @ Chandeshwar Kumar stands cancelled in connection with Sherghati P.S. Case No. 142 of 2015. The learned S.D.J.M. Sherghati is directed to issue non bailable warrant of arrest against him to secure his attendance.

Accordingly, the petition filed by Md. Shakil Ahmad stands disposed of.

(Jitendra Mohan Sharma, J) Abhay/- U T