Tej Pratap Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61583 of 2023 Arising Out of PS. Case No.-679 Year-2022 Thana- MANER District- Patna ====================================================== TEJ PRATAP KUMAR S/O MURARI RAI @ KRISHNA MURARI SINGH R/O VILLAGE- BRAHAMCHARI POKHARA SHERPUR, P.S- MANER, DISTT.- PATNA.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satish Chandra, Advocate.
For the Opposite Party/s :
Mr.Shailendra Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 27-02-2024 Heard Mr. Satish Chandra, learned counsel appearing on behalf of the petitioner and Mr. Shailendra Kumar, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Maner P.S. Case No. 679 of 2022 registered for the offence punishable under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code.
3. As per the allegation made in the F.I.R., the petitioner along with other co-accused has assaulted the informant.
4. Learned counsel appearing on behalf of the petitioner, at the outset, submitted that the bail application was preferred by the petitioner before the District Court, however,
Patna High Court CR. MISC. No.61583 of 2023(3) dt.27-02-2024 2/2 suppression of fact was detected in the bail application by the District Court and on that ground the prayer for bail of the petitioner was rejected without passing any order on merits. Petitioner has shown his innocence that he cannot be held liable for suppression of any of the information with respect to criminal antecedent and due to incorrect information given by his Pairvikar and the counsel, he cannot suffer. Learned counsel further submitted that he may be permitted to file fresh bail application before the District Court giving correct information with respect to the criminal antecedent of the petitioner.
5. Considering the aforesaid information given on behalf of the petitioner, the present bail application stands disposed of with direction to the District Court to pass order afresh on merits, if a fresh bail application is filed on behalf of the petitioner without getting prejudiced with the earlier order. (Purnendu Singh, J) mantreshwar/- U T