IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34179 of 2010 SIKANDAR MAHTO, S/o Roshan Mahto. Versus THE STATE OF BIHAR ----------- 02. 15.09.2010 It has been submitted that the petitioner was granted bail by order dated 08.07.2010 vide Cr. Misc. No. 22882 of 2010 on submission that he had no criminal antecedent and therefore was required to file such an affidavit in the court below. It then transpired that the petitioner was sought to be remanded in Bibhutipur P.S. Case No. 21 of 2010 dated 28.01.2010 by a requisition dated 16.03.2010 but till date he has not been remanded in the said case. It has been pointed out that in the requisition the police has stated that the petitioner has confessed his guilt which is not possible since the petitioner was never arrested in that case and is in custody since 02.02.2010 in the present case. In view of such, the order dated 08.07.2010 vide Cr. Misc. No. 22882 of 2010 is modified to the extent that no affidavit about the petitioner’s antecedent be required by the court concerned and condition No. (ii) stands deleted. The modification petition stands allowed. 2 The S.P. Samastipur will look into the matter as to how the petitioner is being sought to be remanded in Bibhutipur P.S. Case No. 21 of 2010 dated 28.01.2010 on the basis of his purported confession even though he was never arrested in the case. He shall personally call for the records and verify the statement and in case it is found that the Investigating Officer has acted deliberately suitable action shall be taken against him. Let this order be communicated to Additional Chief Judicial Magistrate, Dalsingsarai as well as S.P. Samastipur through FAX in connection with Angarghat P.S. Case No. 3 of 2010 at the cost of the petitioner. Vikash/- (Anjana Prakash, J.)