Patna High CourtCR. MISC./85108/2024disposed

Subhansu Kumar v. The State Of Bihar

2025-02-04Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85108 of 2024 In CRIMINAL MISCELLANEOUS No.49916 of 2024 Arising Out of PS. Case No.-418 Year-2023 Thana- PARSA District- Saran ====================================================== Subhansu Kumar S/o- Ganesh Singh Village -Chetan Parsa, P.s-Parsa, DistSaran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rajani Kumari For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-02-2025

1. Heard learned counsel for the petitioner and learned APP for the State, Mr. Chandra Bhushan Prasad.

2. The learned counsel appearing on behalf of the petitioner submits that petitioner was granted the privilege of anticipatory bail by an order dated 25.07.2024 in Criminal Miscellaneous No. 49916 of 2024 with a condition that:- the learned Trial Court before accepting the bail bonds of the petitioner shall verify his criminal antecedent and in the event if it is found that petitioner has antecedent of even one case in that event, the anticipatory bail order shall not be given effect to.

3. The learned counsel for the petitioner submits that in Criminal Miscellaneous No. 49916 of 2024, it was pleaded at Para-3 that petitioner is a person with clean antecedent, but

Patna High Court CR. MISC. No.85108 of 2024(4) dt.04-02-2025 2/3 when petitioner surrendered before the learned Trial Court for seeking anticipatory bail, it transpired that petitioner was involved in one more case i.e. Parsa P.S. Case No. 132 of 2024. It is further submitted that petitioner was not aware about his implication in Parsa P.S. Case No. 132 of 2024 as the said case was against unknown and subsequently during the course of investigation, the name of the petitioner transpired. It is thus submitted that petitioner deliberately did not conceal his antecedent at Para-3 of Criminal Miscellaneous No. 49916 of 2024. It is also submitted that petitioner has been granted the privilege of provisional bail in Parsa P.S. Case No. 132 of 2024 by an order dated 07.09.2024 passed by the learned ACJM-IX, Chapra, Saran.

4. Considering the submissions made by the learned counsel for the petitioner, the order dated 25.07.2024 in Criminal Miscellaneous No. 49916 of 2024 is modified to the extent that if petitioner surrenders on or before 17.02.2025 before the learned Trial Court, his bail bonds shall be accepted on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Parsa P.S. Case No. 418 of 2023.

Patna High Court CR. MISC. No.85108 of 2024(4) dt.04-02-2025 3/3

5. The order dated 25.07.2024 in Criminal Miscellaneous No. 49916 of 2024 is modified to the extent indicated above.

(Satyavrat Verma, J) Rishabh/- U T