Patna High Court
Ramjivan @ Ramjivan Kumar @ Ramjivan Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SOURENDRA PANDEY
Holding
The application is disposed of, with liberty to the petitioner to file a fresh petition stating the entire criminal antecedents.
Summary
The petitioner, Ramjivan Kumar Paswan, had been granted anticipatory bail on 04.02.2026 in Criminal Miscellaneous No. 6624 of 2026. He disclosed three criminal antecedents at the time of the bail application, but the bail order mentioned only one antecedent. The petitioner later claimed a fourth antecedent existed but was not communicated to his counsel due to miscommunication. The court examined whether the omission of the full list of antecedents warranted setting aside the bail order. It held that the present application could not be entertained on the merits and directed the petitioner to file a fresh petition disclosing all criminal antecedents. Consequently, the application was disposed of, granting the petitioner liberty to approach the court again with a complete disclosure.
Issues considered
- What is the effect of omitting certain criminal antecedents in an anticipatory bail order?
- Can the anticipatory bail order be set aside or modified on the ground of miscommunication regarding antecedents?
Subjects
- anticipatory bail
- criminal antecedents
- bail order
- fresh petition
- procedural defect
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15222 of 2026
In
CRIMINAL MISCELLANEOUS No.6624 of 2026
Arising Out of PS. Case No.-346 Year-2025 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
Ramjivan @ Ramjivan Kumar @ Ramjivan Kumar Paswan S/O Late Rajo
Paswan Resident of Village- Sitalpatti, P.S- Muffassil, District- Samastipur
(Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Shankar, Advocate
Mr. Raj Kumar, Advocate
Ms. Nausheen Fatma, Advocate
Ms. Archana Kushwaha, Advocate
Mr. Shahnwaz Khan, Advocate
Mr. Anees Ahmad, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 11-03-2026 Heard learned counsel for the petitioner and the
learned APP for the State.
2. It has been submitted that the petitioner has been
granted anticipatory bail vide order dated 04.02.2026 passed in
Cr. Misc. No. 6624 of 2026, wherein the petitioner had
disclosed that he carries three criminal antecedents, however in
the order granting bail only one criminal antecedent of the
petitioner was mentioned. It has further been submitted that the
petitioner carries one more criminal antecedent but on account
of miscommunication, the same was not informed to the counsel
Patna High Court CR. MISC. No.15222 of 2026(2) dt.11-03-2026
2/2
of the High Court.
3. In view of the above fact that there is fourth
criminal antecedent of the petitioner, the present application is
disposed of with liberty to the petitioner to file a fresh petition
stating the entire criminal antecedents of the petitioner.
4. The petition stands disposed of accordingly.
(Sourendra Pandey, J)
krishna/-
U T
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