Patna High CourtCR. MISC./76681/2024disposed

Saurav Shekhar Singh @ Guddan Singh @ Gudan Singh v. The State Of Bihar

2024-10-25Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76681 of 2024 In CRIMINAL MISCELLANEOUS No.65695 of 2024 Arising Out of PS. Case No.-471 Year-2024 Thana- JAMUI District- Jamui ====================================================== Saurav Shekhar Singh @ Guddan Singh @ Gudan Singh Son of Vishwanath Singh Resident of Village- Bihari, P.S.- Jamui, Dist- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-10-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The learned counsel for the petitioner submits that petitioner was granted the privilege of anticipatory bail by an order dated 10.09.2024 in Criminal Miscellaneous No. 65695 of 2024. It is submitted that petitioner in Criminal Miscellaneous No. 65695 of 2024 at Para 3 had pleaded that he has antecedent of two cases. It is next submitted that the order dated 10.09.2024 in Criminal Miscellaneous No. 65695 of 2024 also recorded that before accepting the bail bonds of the petitioner, his criminal antecedent shall be verified and in the event if it is found that petitioner has antecedent of more than two cases in that event, the anticipatory bail order shall not be given effect to. It is

Patna High Court CR. MISC. No.76681 of 2024(2) dt.25-10-2024 2/3 submitted that petitioner surrendered, but on verification it was found that petitioner has antecedent of three cases.

3. The learned counsel submits that in the verification report, the police intimated the learned Trial Court that apart from two cases mentioned in Criminal Miscellaneous No. 65695 of 2024, petitioner was also involved in Jamui P.S. Case No. 272 of 2012. It is next submitted that petitioner in Jamui P.S. Case No. 272 of 2012 was acquitted after trial by a judgment dated 05.04.2024 (Annexure-2 to the modification application). It is submitted that since petitioner was acquitted in the said case, as such, the said case was not pleaded at Para-3 of Criminal Miscellaneous No. 65695 of 2024.

4. The learned APP for the State also is not in a position to oppose the modification application.

5. After hearing the learned counsel for the petitioner, the Court finds merit in the submissions of the learned counsel for the petitioner that since petitioner was acquitted in Jamui P.S. Case No. 272 of 2012, as such, the said case rightly was not pleaded in Criminal Miscellaneous No. 65695 of 2024.

6. Considering the submission made on behalf of the learned counsel appearing on behalf of the petitioner, it is directed that if petitioner surrenders on or before 25.11.2024, his

Patna High Court CR. MISC. No.76681 of 2024(2) dt.25-10-2024 3/3 bail bonds shall be accepted on the same terms and conditions as recorded in order dated 10.09.2024 in Criminal Miscellaneous No. 65695 of 2024.

(Satyavrat Verma, J) Rishabh/- U T