IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12165 of 2010 MD.AFROJ @ MANTU @ BHANTU son of Late Md. Noor Hassan resident of village- Faridikatra; Police Station- Town; District- Muzaffarpur… Petitioner. Versus STATE OF BIHAR ----------- 2. 04.08.2010 Heard Mr. K. N. Diwakar, learned counsel for the petitioner and learned counsel for the State. The prayer for bail of the petitioner was earlier allowed by this Court by an order dated 4.9.2009 in Cr. Misc. No. 27917 of 2009 and in terms of the said order, the petitioner was also released on bail on 11.9.2009 when the sister of the petitioner had given an affidavit that the petitioner was not involved in any criminal case. Subsequently, the petitioner jumped the bail. When his bail was cancelled, he had surrendered again on 17.2.2010 and then he had revealed in his bail application dated 9.3.2010 that there was some substantive criminal case pending against the petitioner. In such circumstances, the court below has rejected the prayer of the petitioner as earlier bail was granted to the petitioner by this Court on a pre-condition that the petitioner had got no criminal antecedent. Mr. K. N. Diwakar would submit that there is 2 no fault on the part of the petitioner inasmuch as the Pairvikar was not aware of the fact and the case-diary also did not contain such details of the criminal antecedent of the petitioner. Every thing can be expected from any other person but when the sister of the petitioner had filed an affidavit on which the court below had granted bail by treating the petitioner to have no criminal antecedent and thereafter the petitioner had also jumped bail, this Court would hold that the petitioner is not entitled for bail for the present. That being so, the prayer for bail of the petitioner is rejected for the present but he may renew his prayer for bail after one year of his judicial custody. kanchan (Mihir Kumar Jha, J.)