Tuntun Das @ Tuntun Ravidas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80385 of 2023 In CRIMINAL MISCELLANEOUS No.51612 of 2023 Arising Out of PS. Case No.-97 Year-2023 Thana- KHAIRA District- Jamui ====================================================== 1.

TUNTUN DAS @ TUNTUN RAVIDAS SON OF BASUDEO DAS RESIDENT OF VILLAGE- DANSINGHDIH, PS- KHAIRA, DISTTJAMUI 2.

MADAN KUMAR DAS SON OF TUNTUN DAS @ TUNTUN RAVIDAS RESIDENT OF VILLAGE- DANSINGHDIH, PS- KHAIRA, DISTTJAMUI 3.

BIKRAM KUMAR DAS @ BIKRAM KUMAR SON OF TUNTUN DAS @ TUNTUN RAVIDAS RESIDENT OF VILLAGE- DANSINGHDIH, PSKHAIRA, DISTT- JAMUI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Raj For the Opposite Party/s :

Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. Today a supplementary affidavit has been filed on behalf of the petitioners.

3. Let it be kept on record.

4. The present application has been filed for modification of order dated 12.09.2023 passed in Cr. Misc. No. 51612 of 2023.

5. By order dated 12.09.2023 passed in Cr. Misc.

Patna High Court CR. MISC. No.80385 of 2023(2) dt.15-12-2023 2/3 No.51612 of 2023, petitioners were granted privilege of anticipatory bail with a direction to the learned Court below to verify their criminal antecedents and if it is found that the petitioners are involved in some other cases as what has been stated in para-3 of the bail application, the order will automatically lose its force.

6. Learned counsel for the petitioners submits that due to some communication gap, the criminal antecedents of petitioner nos.1 and 2 could not be mentioned in the said application for which he tenders unconditional apology, whereas in respect of petitioner no.3, he submits that although there is one criminal antecedent against him but the same was instituted four days before securing anticipatory bail from this Court.

7. After hearing learned counsel for the petitioners and on the grounds mentioned in the modification application, as petitioner nos.1 and 2 have suppressed their criminal antecedents, this modification application is dismissed against them. As Khaira P.S. Case No.386 of 2023 was instituted against the petitioner on 08.09.2023 i.e. four days before hearing of his prayer for bail, this application is allowed only in respect of petitioner no.3 and his period of surrender is extended by six weeks from the date of receipt/production of a copy of this order

Patna High Court CR. MISC. No.80385 of 2023(2) dt.15-12-2023 3/3 in connection with Khaira P.S. Case No. 97 of 2023, subject to deposit of a sum of Rs.2000/- (Rupees Two Thousand) in the Victim Compensation Fund.

8. The order dated 12.09.2023 is modified to the extent as indicated above only in respect of petitioner no.3.

9. Accordingly, this modification application stands disposed of.

(Anjani Kumar Sharan, J) Trivedi/- U T