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2021 DIGILAW 890 (PAT)

Anil Baitha v. State Of Bihar

2021-09-02

RAJEEV RANJAN PRASAD

body2021
ORDER : 1. This is the second attempt of the petitioner to obtain bail in connection with Jandaha P.S. Case No. 124 of 2019 registered for the offences punishable under Sections 13(1)(a), (b) of the Unlawful Activities (Prevention) Act and Sections 25(1-B)A, 26 and 35 of the Arms Act. 2. Earlier his prayer for bail was rejected by this Court vide order dated 28.09.2020 passed in Cr.Misc. No. 17774 of 2020. While rejecting the prayer for bail, this Court has observed that concealment of criminal antecedent of 10 cases by the petitioner is a serious matter and he tried to obtain bail by concealment and then this Court directed the learned Registrar General of this Court to call for a complete report from the learned court below as to whether the petitioner is on bail in those cases. Other verifications were ordered and this Court directed to place the report of the learned Registrar General within three weeks. 3. The matter was directed to be listed on 19th October, 2020, however for the reasons not known to this Court presently the matter could not come to the notice of this Court for a long time and it is only when the present Criminal Miscellaneous Application was filed and the same was listed before this Court on 28.07.2021, this Court noticed the earlier order dated 28.09.2020 passed in Cr.Misc. No. 17774/2020 and thereafter called for the developments in the said case. 4. After the order dated 28.07.2021, both the cases have been listed and were taken up previously on 01.09.2021. 5. Pursuant to the last order dated 01.09.2021, the matter has been taken up today. Learned Registrar General of this Court is present online and has explained the report dated 15.10.2020 with regard to the concealment of the criminal antecedent of the petitioner in the bail petitions. With the report a copy of the letter bearing no.820/Admn dated 14.10.2020written by the District and Sessions Judge, Vaishali at Hajipur to the Registrar General of this Court has been enclosed. The letter contains the list of cases in which the petitioner is on bail. There is also a remark saying "no criminal antecedent provided" in at least five nos. of cases. One of the cases is Saraiya P.S. Case No. 130/2019 in respect of which it is stated that the same relates to Muzaffarpur District. The letter contains the list of cases in which the petitioner is on bail. There is also a remark saying "no criminal antecedent provided" in at least five nos. of cases. One of the cases is Saraiya P.S. Case No. 130/2019 in respect of which it is stated that the same relates to Muzaffarpur District. The petitioner has now disclosed in the present application that Saraiya P.S. Case No. 130/2019 under Sections 147, 149, 323, 384 and 386 of the Indian Penal Code and under Sections 10, 11, 15, 16, 17, 20 and 21 of UAP Act is there and he is on bail in the said case. Whether or not he had disclosed his criminal antecedent in his bail petition in connection with Saraiaya P.S. Case No. 130 of 2019 is not known. 6. As regards Hajipur Sadar P.S. Case No.412/2019 the report of the learned District and Sessions Judge, Vaishali shows that the same does not belong to this petitioner, however, on comparing the list provided by the learned District and Sessions Judge in his letter and the description of the cases now being provided in paragraph 3' of the present application it appears that petitioner has mentioned about one case being Hajipur P.S. Case No.85/2018 but this case does not find mentioned in the list of the learned District and Sessions Judge, Vaishali. This would be required to be looked into. 7. Learned counsel for the petitioner has informed this Court that in Hajipur P.S. Case No. 85 of 2018, the prayer for bail of the petitioner has been rejected by a learned coordinate Bench of this Court in Cr. Misc. No.6547/2021 vide order dated 05.08.2021. 8. It is evident from the report of the learned District and Sessions Judge, Vaishali that bail orders have been obtained in several cases either from this Hon'ble Court or from the learned court below by concealing the criminal antecedents of the petitioner. This certainly amounts to playing fraud upon the Court and obtaining order by concealment of criminal antecedent is nothing but circumventing the course of justice and lowering down the faith of the public in administration of justice by this Court. 9. In the case of Uttar Pradesh Residential Employees Cooperative House B. Society Vs. This certainly amounts to playing fraud upon the Court and obtaining order by concealment of criminal antecedent is nothing but circumventing the course of justice and lowering down the faith of the public in administration of justice by this Court. 9. In the case of Uttar Pradesh Residential Employees Cooperative House B. Society Vs. New Okhla Industrial Development Authority reported in (2004) 9 SCC 670 , the Hon'ble Supreme Court has taken a view that filing of false affidavit also amounts to Contempt of the Court. In this regard, another judgment of the Hon'ble Apex Court in the case of Chandra Shashi Vs. Anil Kumar Verma reported in (1995) 1 SCC 421 may be referred to. This Court may, thus, apart from taking any other action initiate a proceeding for criminal contempt. 10. Finding the above situation, this Court requested the learned Registrar General to apprise the learned Advocate General and convey the request of this Court to join the proceeding. Learned Advocate General has joined the proceeding and has assisted this Court. His considered stand is that in terms of the policy decision of the State, in all such matters in which bail has been obtained by the petitioner by concealment of his criminal antecedents immediate steps shall be taken to file application seeking cancellation of bail. 11. Learned Advocate General has in fact in order to strengthen the criminal law justice system submitted before this Court that he will take up this issue with the highest level of the police authorities at the Headquarter level and shall ensure that appropriate instruction be issued to all the Investigating Officers and Prosecution Officers to provide criminal antecedent of the petitioner to the learned court below as well as this Court while hearing bail petitions or other related matters. He expects that such instruction will curb if not wipe out the instances of the concealment of criminal antecedent by the accused while seeking bail from the court of law. 12. He expects that such instruction will curb if not wipe out the instances of the concealment of criminal antecedent by the accused while seeking bail from the court of law. 12. In course of submissions of the learned Advocate General when this Court called upon him to take a view as to whether or not an appropriate direction may be issued by this Court to the learned court below to record the criminal antecedent of the petitioner specifically in the order either rejecting or allowing the bail application, learned Advocate General has categorically submitted that this Court being a Constitutional Court and the Court of records has got such inherent power to issue directions in the interest of justice, hence, considering that such matters of concealment of criminal antecedents are coming to the notice of this Court in huge numbers, this Court may pass appropriate order. 13. In the above circumstances where this Court has found from the report of the learned Registrar General and the materials placed before this Court are showing that the petitioner has obtained bail in several cases by concealment of his criminal antecedent, this Court deems it just and proper to direct the learned Registrar General to lodge an F.I.R. with regard to these matters with a request to the investigating agency to take up the investigation expeditiously. 14. In the opinion of this Court, considering the gravity of the offences such investigation may be handed over to the Central Bureau of Investigation. 15. Since the concealment of criminal antecedent and thereby obtaining the bail amounts to interfering with the course of justice and lowering down the faith of the public in the administration of justice by this Court, in the opinion of this Court, it is a fit case in which criminal contempt may be initiated against all such persons who may be found involved in stating false facts in the petition filed before this Court. The learned Registrar General shall at the first instance verify such names and criminal contempt shall be registered against them and the same will be placed before Hon'ble the Chief Justice for listing before the appropriate Bench. 16. The learned Registrar General shall at the first instance verify such names and criminal contempt shall be registered against them and the same will be placed before Hon'ble the Chief Justice for listing before the appropriate Bench. 16. Coming back to what has been discussed at the bar with the learned Advocate General, this Court would place on record that recently when this Court started putting inter-alia a condition in its bail orders in the following terms:- "And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.", 17. Over last one year this Court has noticed from the cases heard by this Court that in substantial number of cases concealment of criminal antecedents are taking place. Because of the aforementioned condition in a large number of cases the petitioner has either failed to fulfill the condition and his bail bonds were not accepted or even if accepted, at the later stage the bail bond has been cancelled and he has been taken into custody. The impact of the condition imposed by this Court have been noticed from the fresh applications being filed by them. All this has happened because the learned court below verified the criminal antecedent of the accused on receipt of the bail order(s). 18. Since this has yielded result and the learned Advocate General of the State has in course of his assistance submitted that a judicial order to this effect may help curbing the instances of concealment of criminal antecedent, this Court directs that henceforth while allowing or refusing bail to an accused who moves before the learned District Courts, at any level, be it a court of learned Magistrate or the court of learned District Judge, the investigating officer of the case/Public Prosecutor/Assistant Public Prosecutor, as the case may be, must provide the complete criminal antecedent to the learned court and the same be recorded specifically in the order either granting or refusing the bail. This will, however, not absolve the accused/petitioner in such cases from declaring their criminal antecedents. 19. This will, however, not absolve the accused/petitioner in such cases from declaring their criminal antecedents. 19. Learned Registrar General who has ably examined the matter and submitted his report is directed to circulate this order to all the District Courts throughout the State of Bihar. 20. As suggested, the learned Registrar General shall collect the present stage of the trial in all the cases and shall place the same before Hon'ble the Chief Justice for appropriate directions for speedy trial in the cases which are decades old. 21. List this matter for consideration of the prayer for bail of the petitioner on its own merit on 6th of September, 2021. 22. Let a copy of this order be made available to learned Registrar General as well as to learned Advocate General at the earliest.