Patna High CourtCR. MISC./68743/2025allowed

Md. Imtiyaz @ Md. Intiyaz v. The State Of Bihar

2025-09-26Mr. Justice Jitendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68743 of 2025 In CRIMINAL MISCELLANEOUS No.48169 of 2025 Arising Out of PS. Case No.-8 Year-2025 Thana- BALIA BELON District- Katihar ====================================================== 1.

Md. Imtiyaz @ Md. Intiyaz, S/O Late Atabul, Resident of Village- Raiyapur, Police Station- Balia Belon, District- Katihar 2.

Md. Mahtab Alam @ Mahtab, S/O Md. Mahfooz, Resident of VillageRaiyapur, Police Station- Balia Belon, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Singh, Advocate.

For the State :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 26-09-2025 The present petition has been filed for modification of the order dated 30.07.2025 passed in Cr. Misc. No. 48169 of 2025.

2. Learned counsel for the petitioners submits that inadvertently, pairvikar of the petitioners could not mention criminal antecedent whereas petitioner has one criminal antecedent by way of Azamnagaar (Salmari) P.S. Case No. 53 of 2014, consequent to which, in the order dated 30.07.2025 passed in Cr. Misc. No. 48169 of 2025, petitioner has been shown having no criminal antecedent.

3. As such, there is concealment of one criminal antecedent by the petitioner. However, learned counsel for the

Patna High Court CR. MISC. No.68743 of 2025(2) dt.26-09-2025 2/2 petitioners submits that the concealment is neither willful nor deliberate but only on account of ignorance of the pairvikar.

4. Considering the submission of learned counsel for the petitioner, the present petition is allowed modifying paragraph-6 of the order dated 30.07.2025 passed in Cr. Misc. 48169 of 2025 to the extent that petitioner has one criminal antecedent, subject to payment of cost of Rs.2,000/- payable to Patna High Court Legal Services Authority, under the head "Legal Aid".

5. This order would be integral part of the order dated 30.07.2025 passed in Cr. Misc. 48169 of 2025.

6. The time for surrendering the petitioner before learned court below is extended by further four weeks' from today.

(Jitendra Kumar, J) S.Ali/- U T