Firoz Aalam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83817 of 2025 In CRIMINAL MISCELLANEOUS No.67305 of 2025 Arising Out of PS. Case No.-18 Year-2025 Thana- Basmatia District- Araria ====================================================== Firoz Aalam Son of Abdul Haque Resident of village- Tinkambha W. no. 01, Bela PS- Basmatiya Dist -Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Nikita Mittal, Advocate Mr. Rajesh Roy, Advocate For the State :
Mrs. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 08-12-2025 The present modification application has been preferred by the petitioner for modification of the order dated 17.09.2025, passed by this Court in Cr. Misc. No. 67305 of 2025.
2. It is brought to the notice of this Court that Cr. Misc. No. 67305 of 2025 was filed for anticipatory bail. However, inadvertently, it has been typed as regular bail and conditions imposed by this Court was also those of regular bail.
3. Learned counsel for the petitioner also submits that on account of ignorance of the petitioner about his criminal antecedent, he could not mention in his bail petition i.e. Cr. Misc. No. 67305 of 2025 regarding his criminal antecedent and hence, as per order dated 17.09.2025, it is mentioned that
Patna High Court CR. MISC. No.83817 of 2025(2) dt.08-12-2025 2/3 petitioner has no criminal antecedent, whereas petitioner came to know that one Narpatganj P.S. Case No. 97 of 2023 is also registered against him in which he is already on bail. As such, he has one criminal antecedent.
4. Learned counsel for the petitioner also mentioned that in Veerpur P.S. Case No. 86 of 2024, the petitioner is neither named in the FIR, nor charge-sheet has been submitted against him. Hence, the petitioner has one criminal antecedent by way of Narpatganj P.S. Case No. 97 of 2023.
5. As such, para No. 6 of the order dated 17.09.2025 passed in Cr. Misc. No. 67305 of 2025 is modified to the extent that petitioner has one criminal antecedent.
6. Accordingly, all the aforesaid inadvertent mistakes are corrected and corrected para numbers of order dated 17.09.2025 passed in Cr. Misc. No. 67305 of 2025 be read as follows:
"6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has one criminal antecedent.
16. Accordingly, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten
Patna High Court CR. MISC. No.83817 of 2025(2) dt.08-12-2025 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned I/c Special Judge, NDPS Act, Araria/concerned Court below, in connection with Basmatiya P.S. Case No. 18 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner."
7. This order would be the integral part of the order dated 17.09.2025 passed in Cr. Misc. No. 67305 of 2025. (Jitendra Kumar, J.) ravishankar/- U T