Patna High CourtCR. MISC./73762/2023dismissed

Tirloki Prasad v. The State Of Bihar

2023-11-03Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73762 of 2023 In CRIMINAL MISCELLANEOUS No.49460 of 2023 Arising Out of PS. Case No.-373 Year-2021 Thana- NAWADA District- Nawada ====================================================== Tirloki Prasad, Gender-Male, aged about 44 years, Son of Roop Lal Mahto, Resident of Village - Dharhara, P.O. - Jhurjhuri, P.S. - Barkattha, District - Hazaribagh, Jharkhand.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikas Ratan Bharti, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-11-2023 Heard Mr. Vikas Ratan Bharti, learned counsel for the petitioner and Dr. Kumar Uday Pratap, learned APP for the State.

2. The present modification application has been filed for modify the order dated 29.08.2023, pending in Cr. Misc. No. 49460 of 2023.

3. By the order dated 29.08.2023, the petitioner was granted bail with the following conditions:-

(1) One of the bailors should be the father of the petitioner, namely, Roop Lal Mahto R/o Village- Dharhara, P.O.- Jhurjhuri, P.S. Barkattha, District- Hazaribagh, Jharkhand.

(2) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.73762 of 2023(2) dt.03-11-2023 2/3 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(3) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(4) And, further condition that the Court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

4. The learned counsel for the petitioner submits that the father of the petitioner is no more and prays to modify paragraph no.6 of condition no. 1 to the extent that one of the bailors shall be any of the relative of the petitioner in place of father of the petitioner. The learned counsel for the petitioner has not bring on the record the death certificate of the father of the petitioner, he only annexed the certificate issued by the

Patna High Court CR. MISC. No.73762 of 2023(2) dt.03-11-2023 3/3 Mukhiya which suggest that father of the petitioner has died in the year 2017 (17.01.2017) when the petitioner has filed the criminal Misc. No. 49460 of 2023, he has not mentioned that his father has died in the year 2017 and the certificate issued by the Mukhiya has not bring on the record of the death certificate of the father of the petitioner by the competent authority under the law.

5. In the aforesaid facts and circumstances, the instant modification petition is dismissed.

(Rajesh Kumar Verma, J) Anand Kr.

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