Anil Baitha vs State Of Bihar - 2021 Supreme(Pat) 819

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Pat) 819

IN THE HIGH COURT OF PATNA
Rajeev Ranjan Prasad, J.
Anil Baitha - Appellant
Vs.
State Of Bihar - Respondent
Criminal Miscellaneous No. 34669 of 2021
Decided On : 02-09-2021

Advocates:
Advocate Appeared:
For the Appellant : Mr.Shyameshwar Kumar Singh Adv.
For the Respondent:Mr. Lalit Kishore, Advocate General, Mr.Shantanu Kumar, APP.

Headnote:
Criminal Procedure Code, 1973 – Section 439 – Bail petition – Petitioner has obtained bail in several cases by concealment of his criminal antecedent – This certainly amounts to playing fraud upon Court and obtaining order by concealment of criminal antecedent is nothing but circumventing course of justice and lowering down faith of public in administration of justice by this Court – Registrar General directed to lodge F.I.R. with regard to these matters with a request to investigating agency to take up investigation expeditiously – Considering gravity of offences such investigation may be handed over to Central Bureau of Investigation – 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 petition filed before this Court – Registrar General shall at first instance verify such names and criminal contempt shall be registered against them and same will be placed before Chief Justice for listing before appropriate Bench. (Paras 12-14 and 20)
Criminal Procedure Code, 1973 – Section 439 – Bail petition – While allowing or refusing bail to an accused who moves before District Courts, at any level, be it a Court of Magistrate or Court of District Judge, Investigating Officer of case/Public Prosecutor/Assistant Public Prosecutor, as the case may be, must provide complete criminal antecedent to Court and the same be recorded specifically in order either granting or refusing bail – This will, however, not absolve accused/petitioner in such cases from declaring their criminal antecedents. (Para 18)

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 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

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