The High Court dismissed a modification application under Section 482 CrPC filed by a petitioner for withdrawal, noting the application was frivolous and made without verification of criminal antecedents.
The modification application stands dismissed as withdrawn.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39166 of 2022
In
CRIMINAL MISCELLANEOUS No.63064 of 2021
Arising Out of PS. Case No.-140 Year-2021 Thana- ROH District- Nawada
======================================================
Sito Rajbanshi @ Sitavair Rajbanshi Son of Nathun Rajbanshi @ Natho Rajbanshi Resident of Village - Bhupesh Nagar, P.s.- Roh, Distt.- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sheo Kumar Prasad, Advocate. For the Opposite Party/s : Mrs. Asha Devi, APP. ======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER
3 30-11-2022
Heard Mr. Sheo Kumar Prasad, learned counsel appearing on behalf of the petitioner and Mrs. Asha Devi, learned APP for the State.
In compliance of the order dated 24.08.2022, learned Exclusive Special Excise Judge-II, Nawada has submitted a report contained in Letter No. 175/2022 dated 30.08.2022 informing that the petitioner has already been released after accepting bail bond.
It appears that there was no occasion for the petitioner to file the present modification application under Section 482 of the Code of Criminal Procedure on frivolous ground before the verification with respect to criminal antecedent of the petitioner was made by the court below. This Court vide order dated
Patna High Court CR. MISC. No.39166 of 2022(3) dt.30-11-2022 2/2
28.04.2022 amongst other conditions allowing bail had directed
to verify the criminal antecedent of the petitioner. Said condition is reproduced hereunder:-
“The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically loose its force.
After compliance of the aforesaid order dated 28.04.2022 with respect to verification of the criminal antecedent of the petitioner, his bail bond was accepted and he was released immediately.
Learned counsel appearing on behalf of the petitioner submits that he seeks to withdraw the present modification application.
This court warns the learned counsel for filing such frivolous application amounting to abuse of the process of the Court.
The application stands dismissed as withdrawn.
(Purnendu Singh, J)
mantreshwar/-
U T
1 provisions across 1 enactments
Sito Rajbanshi
The State of Bihar
Purnendu Singh
As recorded by the court registry
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