Patna High Court
Guni PaswanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- JITENDRA KUMAR
Holding
The court allowed the modification of the anticipatory bail order to record the petitioner’s criminal antecedent, subject to payment of costs.
Summary
The petitioner, Guni Paswan, sought modification of an anticipatory bail order dated 12‑09‑2025 because he had inadvertently omitted his prior criminal case in the original bail petition. The original order incorrectly stated that he had no criminal antecedent, whereas he was actually involved in a 2021 case under IPC sections 321, 323, 504 and 379. The court examined the omission and held that the order could be corrected to reflect the true antecedent. It modified paragraph‑6 of the earlier order to acknowledge the prior case, subject to the petitioner paying a cost of Rs.3,000 to the Legal Services Committee. The petition for modification was therefore allowed.
Issues considered
- Whether an anticipatory bail order can be modified to correct an omission of a petitioner’s criminal antecedent
Legislation cited
- Indian Penal Code — s. 321, 323, 379, 504
Subjects
- anticipatory bail
- modification of order
- criminal antecedent
- Indian Penal Code
- cost
- legal aid
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90811 of 2025
In
CRIMINAL MISCELLANEOUS No.38930 of 2025
Arising Out of PS. Case No.-12 Year-2025 Thana- CHARPOKHARI District- Bhojpur
======================================================
Guni Paswan, S/o- Dudhnath Paswan, r/o Village- Pasaur, P.S. - Chanpokhari,
Dist- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Singh, Advocate.
For the State : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 16-01-2026 The present Cr. Misc. case has been preferred for
modification of the order dated 12.09.2025 passed by this Court
in Cr. Misc. 38930 of 2025 whereby the petitioner was granted
anticipatory bail.
2. As per the present petition, inadvertently, the
petitioner could not mention his criminal antecedent in the bail
petition, consequent to which, in the order dated 12.09.2025
passed in Cr. Misc. No. 38930 of 2025, it has been stated that
the petitioner has no criminal antecedent whereas Petitioner has
one criminal antecedent vide Charpokhari P.S. Case No. 03 of
2021 registered for the offences punishable under Sections 321,
323, 504 and 379 of the Indian Penal Code.
3. Heard learned counsel for the petitioner and
Patna High Court CR. MISC. No.90811 of 2025(3) dt.16-01-2026
2/2
learned APP for the State.
4. I find that on account of omission of the petitioner
to mention the criminal antecedent bearing Charpokhari P.S.
Case No. 03 of 2021, he has not mentioned the same in the bail
petition and, therefore, in paragraph-6 of the order dated
12.09.2025, passed by this Court in Cr. Misc. 38930 of 2025, it
has been mentioned that the petitioner has no criminal
antecedent.
5. Hence, the present petition is allowed modifying
paragraph-6 of the order dated 12.09.2025 passed in Cr. Misc.
38930 of 2025 to the effect that the petitioner has one Criminal
antecedent viz. Charpokhari P.S. Case No. 03 of 2021, subject to
payment of cost of Rs.3,000/- by the petitioner to Patna High
Court Legal Services Committee, under the head “Legal Aid.”
(Jitendra Kumar, J)
S.Ali/-
U T
Checking your session…