High Court modified bail conditions for an N.D.P.S. Act case after the petitioner disclosed involvement in other criminal cases, requiring an affidavit with specific exceptions.
Petitioner released on modified bail conditions with an affidavit stating no antecedents except two specific cases; monthly hajri filing for six months.
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Patna High Court Cr.Misc. No.13116 of 2013 (2) dt.03-04-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13116 of 2013
====================================================== Jamhu Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 03-04-2013 Heard learned counsel for the parties.
This is a petition for regular bail for the offence under sections 20 and 22 of N.D.P.S. Act.
Learned counsel for the petitioner submits that the petitioner was granted bail by order dated 3.8.2012 passed in Cr.Misc.No.16679/12 on the statement that the petitioner has no criminal antecedent with condition that one of the bailors shall be a close relative of the petitioner, who will swear affidavit to the effect that the petitioner has no criminal antecedent and the trial court after due verification of the fact shall confirm the bail bond of the petitioner.
However, the petitioner has come for modification of the order dated 3.8.2012 on the ground that the pairvikar was not aware of the fact and, hence, a wrong statement was made whereas the petitioner is involved in two other criminal cases of 1999 &
Patna High Court Cr.Misc. No.13116 of 2013 (2) dt.03-04-2013
2000 and still in one case, namely, Parsa ( Bheldi) P.S. Case No.100/2000 dated 12.12.2000 registered under sections 395 and 412 of I.P.C. the petitioner has been granted bail on 21.5.2002.
Hence, having regard to the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Additional District JudgeIst,Vaishali, Hajipur, in Ganga Bridge P.S. Case No.81 of 2011 in pursuance of the order dated 3.8.2012 subject to the changed condition that one of the bailers shall swear an affidavit to the effect that the petitioner has no criminal antecedent except the aforesaid two criminal cases and the petitioner will not involve in such activity in future and shall file hajri in nearer police station once in a month for six months.
AnilKrSinha/-
(Gopal Prasad, J)
1 issue framed by the court
Whether bail granted in the previous order should be modified in view of undisclosed criminal antecedents of the petitioner.
1 provisions across 1 enactments
Jamhu Singh
The State Of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
