Patna High Court
Kamlesh Yadav @ Kamlesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- JITENDRA KUMAR
Holding
Because the omission of antecedent information was inadvertent and not willful, the bail order may be modified to include the omitted offences.
Summary
The petitioner, Kamlesh Yadav, was granted regular bail on 17 January 2026. In the bail petition he inadvertently omitted two earlier criminal cases – one from 2010 involving offences under Sections 147, 148, 149, 341, 342, 323, 379, 504, 449 and 427 of the IPC, and another from 2016 involving offences under Sections 341, 323, 379, 354, 505, 506, 34 of the IPC and Section 3(I)(X) of the SC/ST Act. He filed a petition seeking modification of the bail order to disclose these antecedents. The Court examined whether the omission, being non‑willful, justified alteration of the bail order. Finding the omission to be merely inadvertent and not negligent, the Court allowed the petition and modified the bail order accordingly. The modified order now reflects the previously undisclosed criminal antecedents.
Issues considered
- Whether an inadvertent failure to disclose prior criminal antecedents in a bail petition warrants modification of the bail order.
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 323, 34, 341, 342, 354, 379, 449, 504, 505, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(I)(X)
Subjects
- bail
- modification
- criminal antecedents
- inadvertence
- Indian Penal Code
- SC/ST Act
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10671 of 2026
Arising Out of PS. Case No.-65 Year-2025 Thana- BANDEYA District- Aurangabad
======================================================
Kamlesh Yadav @ Kamlesh Kumar, S/O Late Meghan Singh, R/O Village-
Karma Masud, P.S.-Rufiganj, District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Kumar, Advocate.
For the State : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 13-02-2026 The present petition has been filed by the petitioner
for modification of the order dated 17.01.2026 passed in Cr.
Misc. 75159 of 2025 whereby the petitioner was granted regular
bail. However, inadvertently, the petitioner failed to mention
two additional criminal antecedents in the bail petition (Cr.
Misc. No. 75159 of 2025), bearing Rafiganj P.S. Case No. 50 of
2010 for the offences punishable under Sections 147, 148, 149,
341, 342, 323, 379, 504, 449 and 427 of the Indian Penal Code
and Rafiganj P.S. Case No. 65 of 2016 for the offences
punishable under Sections 341, 323, 379, 354, 505, 506, 34 of
the Indian Penal Code and Section 3(I)(X) of SC/ST Act.
2. Hence, learned counsel for the petitioner wants
modification of the order dated 17.01.2026 passed in Cr. Misc.
75159 of 2025.
Patna High Court CR. MISC. No.10671 of 2026(2) dt.13-02-2026
2/2
3. Considering the fact that failure of the petitioner to
mention additional two criminal antecedents in Cr. Misc. 75159
of 2025 was neither willful nor negligent but, only on account of
inadvertence, the present petition is allowed modifying the order
dated 17.01.2026 passed in Cr. Misc. 75159 of 2025.
4. Hence, the order dated 17.01.2026 stands modified
accordingly.
(Jitendra Kumar, J)
S.Ali/-
U T
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