This oral order modified the bail conditions in a remand case, substituting a requirement for physical appearance on each date with appearance whenever required by the lower court.
The order dated 10.09.2012 imposing condition of physical appearance on each date was modified to appearances as and when required by the court below.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4895 of 2013
====================================================== Rajiv Kumar Agarwal .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 02-01-2014 Heard learned counsels for the petitioner and the State. The present application has been filed for quashing the order dated 10.09.2012 passed by the learned S.D.J.M., Munger, in East Colony P.S. Case No. 96 of 1996, whereby the petitioner was granted bail with a condition that he will appear on each date physically. It is submitted by learned Senior Counsel for the petitioner that the petitioner is resident of Dhanbad when consideration of discharge application is pending on remand. The condition of appearance on each date physically is really onerous. Considering the submissions of learned Senior Counsel for the petitioner and after examining the materials on record, the order dated 10.09.2012, passed by the learned S.D.J.M., Munger, in G.R. No. 2386 of 1996(T.R. No. 729 of 1999) is modified to the extent that the petitioner will make
Patna High Court Cr.Misc. No.4895 of 2013 (3) dt.02-01-2014
2 / 2
himself physically present as and when required by
the learned court below in accordance with law.
Accordingly, the application is disposed
off.
U.K./-
(Dinesh Kumar Singh, J)
1 issue framed by the court
Whether the order imposing condition of physical appearance on each date should be modified to appearance as and when required.
1 provisions across 1 enactments
Rajiv Kumar Agarwal
The State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court