Shashi Bhushan Azad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83967 of 2024 In CRIMINAL MISCELLANEOUS No.52531 of 2024 Arising Out of PS. Case No.-142 Year-2024 Thana- KALYANPUR District- Samastipur ====================================================== Shashi Bhushan Azad S/O Late Ram Padarath Ray @ Ram Padarath Yadav Village- Hakimabad Tara, P.S.- Muffasil, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabi Bhushan, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 31-01-2025 Heard learned Counsel for the petitioner and the State.
2. The learned counsel for the petitioner has submitted that the petitioner was granted bail vide order dated 01.10.2024 in Cr. Misc. No. 52531 of 2024 and one of the condition was that before release, the learned Court below shall verify the criminal antecedent of the petitioner no. 1 and if he is found involved in any other case as mentioned in paragraph-3, his bail bond shall not be accepted.
3. Learned Counsel for the petitioner has submitted that one another case bearing C.C. Case No. 01 of 2018 under Sections 272, 274 of the Indian Penal Code and Sections 30(a),
Patna High Court CR. MISC. No.83967 of 2024(2) dt.31-01-2025 2/2 32(c) and 38(a) of the Excise Act came to the light except that which has been disclosed in paragraph-3 of the bail application.
4. It has been submitted by the learned Counsel for the petitioner that the petitioner has been punished for his mistake by remaining more than 4 1⁄2 months under incarceration.
5. Considering the above-mentioned facts and circumstances, the Cr. Misc. No. 83967 of 2024 is allowed.
6. The paragraph no.-6 of order dated 01.10.2024 passed in Cr. Misc. No. 52531 of 2024 is amended accordingly.
7. The learned Court below is directed to accept the bail bond of the petitioner.
(Nawneet Kumar Pandey, J) Neha/- U T