Patna High CourtCR. MISC./39618/2015rejected

Parmanand Thakur And ORS v. The State Of Bihar

2015-09-04Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39618 of 2015 ======================================================

1. Parmanand Thakur

2. Sachidanand Thakur

3. Vidyanand Thakur All S/o Kailash Prasad Thakur

4. Aswani Kumar Thakur S/o Surendra Prasad Thakur All are Resident of Village Ghoshrama, Police Station Pier, District Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. A.K. Thakur, Adv For the Opposite Party/s : Mr. Ajay Kr. Jha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 04-09-2015 Heard learned counsel for the parties.

2. Having regard to the fact that the petitioners by creating an impression that they have got no criminal antecedent, had been granted anticipatory bail by order dated 16.07.2015 in Criminal Miscellaneous No. 49528 of 2014, their explanation as being offered by learned counsel for the petitioner that the petitioners have got some criminal antecedent, would not make this Court now inclined to grant the privilege of anticipatory bail to the petitioners, inasmuch as, they have obtained anticipatory bail by making a false statement.

Patna High Court Cr.Misc. No.39618 of 2015 (2) dt.04-09-2015

3. That being so, the prayer for modification in the order dated 16.07.2015 passed in Criminal Miscellaneous No. 49528 of 2014 is rejected and this application for modification of the aforesaid order is also dismissed.

4. It is however made that now the petitioners will not be getting anticipatory bail in terms of the aforesaid order dated 16.07.2015, they must surrender and make prayer for grant of regular bail. Their prayer for regular bail however shall be considered by the Court below on its own merit, without being prejudiced by anything said in this order.

5. Let a copy of this order be sent to the trial Court forthwith.

(Mihir Kumar Jha, J) Ranjan/- U