Patna High Court
Nilesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court modified the anticipatory bail order to read that petitioner No. 2 has five antecedent cases and set verification conditions for confirming the bail.
Summary
The petitioners were granted anticipatory bail on 10 March 2026, but an error was noted in paragraph 3 where petitioner No. 2's criminal antecedent was recorded as four cases instead of five. The petitioners' counsel sought correction of this mistake, and the State did not contest the submission. The Court examined the error and directed that the order be read as reflecting five antecedent cases for petitioner No. 2. It further stipulated that the trial court must verify the antecedents of all petitioners; if any petitioner is found to have more cases than stated, the bail order will not be confirmed, presuming concealment. Conversely, if the verification matches the stated numbers (five, five, and three cases respectively), the provisional anticipatory bail will be confirmed. Accordingly, the Court modified the original order to incorporate these clarifications and conditions.
Issues considered
- Whether the anticipatory bail order should be corrected to reflect the accurate number of criminal antecedents of petitioner No. 2.
- What is the effect on the provisional anticipatory bail if verification reveals concealment of antecedent cases?
Subjects
- anticipatory bail
- criminal antecedent
- order modification
- verification
- concealment
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13120 of 2026
Arising Out of PS. Case No.-17 Year-2026 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
1. Nilesh Kumar S/O Uma Shankar Singh R/O Vill- Nayagaon P.s- Nayagaon,
Dist.- Begusarai
2. Kundan Kumar S/O Uma shankar Singh R/O Vill- Nayagaon P.s- Nayagaon,
Dist.- Begusarai
3. Himanshu Kumar S/O Mukesh Kunwar R/O Vill- Nayagaon P.s- Nayagaon,
Dist.- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 13-03-2026 1. Heard learned counsel for the petitioners and the
learned APP for the State.
2. The learned counsel for the petitioners submits that
petitioners were granted the privilege of anticipatory bail by an
order dated 10.03.2026, but at Para-3 inadvertently it has been
recorded that petitioner no. 2 has antecedent of four cases when
he has antecedent of five cases and the same has been pleaded at
Para-3 of the anticipatory bail application.
3. The learned APP for the State does not dispute the
said submission of the learned counsel appearing on behalf of
the petitioners.
4. After hearing the learned counsel for the parties,
the order dated 10.03.2026 is modified to the extent that at Para-
Patna High Court CR. MISC. No.13120 of 2026(3) dt.13-03-2026
2/2
3 with respect to petitioner no. 2 it shall be read that he has
antecedent of five cases instead of four cases and accordingly
Para-7 of the order dated 10.03.2026 also shall be read as- It is
made clear that thereafter the learned trial court shall verify the
criminal antecedent of the petitioners and if it is found that
petitioner no. 1 has antecedent of more than five cases,
petitioner no. 2 has antecedent of more than five cases and
petitioner no. 3 has antecedent of more than three cases, it
would be presumed that petitioners had concealed their
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner no. 1 has antecedent of only five cases, petitioner no.
2 has antecedent of only five cases and petitioner no. 3 has
antecedent of only three cases in that event the provisional
anticipatory bail order shall be confirmed forthwith.
5. The order dated 10.03.2026 is modified to the
extent indicated above.
(Satyavrat Verma, J)
Rishabh/-
U T
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