State of Bihar through Superintendent of Police Khagaria v. Kamal Kishore Yadav, S/O Biranchi Yadav, R/O Village-Khutia, P. S. -Mansi, District-Khagaria
2014-01-29
ANJANA PRAKASH
body2014
DigiLaw.ai
ORAL ORDER Counter Affidavit and rejoinder to the Counter Affidavit have been filed by the parties. Let it be kept with the record. 2. The Petitioner i.e. the State of Bihar has filed this application for cancellation of bail granted to the Opposite Party by order dated 05.02.2013 vide Cr. Misc. No.1689 of 2013 on the ground that on erroneous submission that the Opposite Party/Petitioner had fair antecedents he was granted bail by this Court. 3. It also appears that condition No. (ii) was imposed upon the Opposite Party by which he was to give an Affidavit in the court below that he is not accused in any other case pursuant to which he filed a false Affidavit and was released on bail by the Court below. 4. In the present application, the Petitioner has brought on record number of cases which have been filed against the Opposite Party. 5. In reply, the Opposite Party submits that the person, who had sworn the Affidavit before this Court was not aware that the Opposite Party had criminal antecedents and it was due to inadvertence that such an Affidavit was filed. Further submission is that the earlier cases have been filed for ulterior reasons. 6. Even if I accept the submission of the Opposite Party that the person, who had sworn an Affidavit before this Court, was not aware of the antecedents of the Opposite Party, but there is no explanation as to why such an Affidavit was filed on his behalf even in the Court below at the time of execution of bail bonds. Evidently, the Opposite Party had obtained the privilege of bail by misleading the Court to believe that he had fair antecedents. 7. In such circumstances, evidently the Opposite Party has obtained bail by misrepresentation and by concealing the fact of antecedents both before this Court and the Court below. 8. Hence, the order dated 05.02.2013 passed in Cr. Misc. No.1689 of 2013 deserves to be recalled. 9. The Trial Court/ Chief Judicial Magistrate, Khagaria, shall take all stringent and immediate steps to ensure that the Opposite Party is put behind the bars. 10. The application stands allowed.