Partly allowed

Sunil Kumar Gupta @ Suneel Kumar Gupta v. The State of Bihar

Patna HC22 Mar 2023CR. MISC./17982/2023

Case brief

AI extract

What is this about?

The petitioner sought modification of a bail condition requiring personal appearance on every date fixed, arguing it hindered his livelihood as a truck driver. The court permitted the state to accept representation on such dates while the petitioner must appear in person when specifically directed by the trial court. Violation would lead to bail cancellation.

What did the court decide?

The condition to appear on every date is modified to allow representation, with personal appearance required only when directed by the trial court.

Sunil Kumar Gupta @ Suneel Kumar Gupta Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17982 of 2023

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CRIMINAL MISCELLANEOUS No.36168 of 2022

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Arising Out of PS. Case No.-95 Year-2021 Thana- RAJPUR District- Buxar

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======================================================

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Sunil Kumar Gupta @ Suneel Kumar Gupta Son of Jagdish Prasad Sahu R/VJ.17/26 Alaipura Jaitpura, P.S- Jaitpura, Dist- Varanashi(Uttar Pradesh )

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Majid Mahboob Khan, Advocate For the Opposite Party/s : Mrs.Pronoti Singh, APP

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======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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2 22-03-2023

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Heard learned counsel for the petitioner and learned counsel for the State.

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The present application has been filed for modification of the order dated 26.08.2022 passed in Cr. Misc. No. 36168 of 2022 by which the petitioner has been granted bail subject to certain conditions and one of the conditions was that he would remain present on each and every date fixed by the court below.

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Learned counsel for the petitioner submits that the petitioner was the owner of the vehicle which has been confiscated in the case on the allegation of carrying illicit liquor. The petitioner has started working as a truck driver and it is very difficult for him to appear on each and every date before the

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Patna High Court CR. MISC. No.17982 of 2023(2) dt.22-03-2023 2/2

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learned court below and the appearance on each and every date affects his capacity to earn his livelihood.

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Having considered the submissions made on behalf of the petitioner, the aforesaid condition is modified to the extent that the learned court below will exempt the presence of the petitioner on each and every date and accept the representation made on behalf of the petitioner. However, the petitioner will appear in person as and when the learned trial court so directs. In case of any violation, the bail bond will be cancelled. The other conditions will remain the same.

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Accordingly, this application stands disposed of.

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(Arun Kumar Jha, J)

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DKS/-

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U T

Sunil Kumar Gupta @ Suneel Kumar Gupta v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sunil Kumar Gupta @ Suneel Kumar Gupta v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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