Patna High CourtCR. MISC./85501/2024disposed

Bipin Kumar v. The State Of Bihar

2024-12-20Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85501 of 2024 In CRIMINAL MISCELLANEOUS No.32236 of 2024 Arising Out of PS. Case No.-807 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Bipin Kumar Son of Shiv Nath Bhagat Resident Of Village -Hariharpur, PoRajauli, Ps -Hajipur Sadar, Dist- Vaishali Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dwivedy Surendra For the Opposite Party/s :

Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-12-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The learned counsel for the petitioner submits that petitioner was granted the privilege of anticipatory bail by an order dated 30.08.2024 in Cr. Misc. No.32236/2024 with a condition that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event if it is found that the petitioner has antecedent of even one case, in that event, the anticipatory bail order shall not be given effect to. The learned counsel for the petitioner submits that petitioner was implicated in Hajipur Sadar P.S. Case No. 144/2015, in which, the police submitted final form and even the learned trial court did not take

Patna High Court CR. MISC. No.85501 of 2024(3) dt.20-12-2024 2/3 cognizance rather the final form was accepted, as such, the petitioner in Cr. Misc. No.32236/2024 had at para-3 had stated that petitioner is a person with clean antecedent. It is next submitted that the petitioner in compliance of the order dated 30.08.2024 surrendered before the learned trial court on 04.09.2024, as would manifest from Annexure-P/5 to the second supplementary affidavit but then his bail bond was not accepted as it transpired that petitioner was implicated in Hajipur Sadar P.S. Case No.144/2015. The learned counsel submits that since police after investigation submitted final form and cognizance was not taken as such on the date when Cr. Misc. No. 32236/2024 was filed, on that date, petitioner was a person with clean antecedent.

3. The learned APP also is not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner.

4. Considering the submission made by the learned counsel for the petitioner, the order dated 30.08.2024, in Cr. Misc. No.32236/2024 is modified to the extent that if petitioner surrenders on or before 10.01.2025, in that event, his bail bond shall be accepted.

5. The order dated 30.08.2024 passed in Cr. Misc.

Patna High Court CR. MISC. No.85501 of 2024(3) dt.20-12-2024 3/3 No.32236/2024 is modified to the extent indicated above.

6. The modification application is allowed.

(Satyavrat Verma, J) amit/- U T