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Patna High Court

Pintu Yadav @ Pintu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petitioner has no criminal antecedent, and the bail order is modified to remove the antecedent verification condition and extend the surrender period by two weeks.

Summary

The petitioner, Pintu Yadav, sought modification of a bail order dated 26.03.2025 which required verification of his criminal antecedent before release. He argued that a pending case (Fatehpur (Gurpa O.P.) P.S. Case No. 43 of 2020) had resulted in a final report declaring him innocent and a cognizance order indicating no trial was taken. The court examined the final report and cognizance order and found that the petitioner indeed had no criminal antecedent. Consequently, the court held that the bail condition concerning antecedent verification was unnecessary. The period of surrender was extended by two weeks, and the original bail order was modified accordingly. The application for modification was thereafter disposed of.

Issues considered

  • Whether the petitioner has any criminal antecedent that justifies the bail condition imposed in the order dated 26.03.2025
  • Whether the bail order should be modified and the surrender period extended in view of the findings of the final report and cognizance order

Subjects

  • bail
  • criminal antecedent
  • modification of order
  • surrender period
  • cognizance order
  • final report

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6888 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.11192 of 2025
                         Arising Out of PS. Case No.-128 Year-2024 Thana- Gurupa District- Gaya
                 ======================================================
                 Pintu Yadav @ Pintu Kumar S/o- Chandeshwar Yadav @ Chalitar Yadav R/o-
                 Village- Dhanchhu, P.S.-Gurpa, Dist.-Gaya.
                                                                         ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Onkar Nath
                 For the Opposite Party/s :       Mr.Sanjay Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   30-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Learned counsel for the petitioner submitted that in

                   the order dated 26.03.2025 one of the conditions relates to

                   verification of the criminal antecedent of the petitioner before

                   releasing him on bail, a case bearing Fatehpur (Gurpa O.P.) P.S.

                   Case No. 43 of 2020 dated 12.03.2020 has said to be pending

                   against him. However, in the present application, it has been

                   pointed out that in the said FIR, final form was submitted in

                   favour of the petitioner wherein he has been held to be innocent

                   and the cognizance order dated 18.09.2025 (Annexure-P/3) also

                   clarifies the position that the petitioner was not sent up for trial

                   and no cognizance was also taken differing with the final report.

                                3. In such view of the matter, it is clarified that the
             Patna High Court CR. MISC. No.6888 of 2026(2) dt.30-01-2026
                                                         2/2




                       petitioner does not have any criminal antecedent and the same

                       may be considered while accepting the bail bonds in relation to

                       the order dated 26.03.2025 passed in Cr. Misc. No. 11192 of

                       2025.

                                  4. Accordingly, the period of surrender is extended by

                       two weeks from the date of receipt/production of a copy of this

                       order in connection with Gurpa P.S. Case No.128 of 2024.

                                  5. The order dated 26.03.2025 is modified to the extent

                       as indicated above.

                                  6. Accordingly, this modification application stands

                       disposed of.



                                                 (Soni Shrivastava, J)
devendra/-

U      T


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