This unreported oral order quashed part of a Lower Court bail order imposing an improper condition. Relying on a prior order, the Court directed the Lower Court to accept the petitioner's bail bonds without delay.
Quashed the condition imposed on bail; directed the lower court to accept the bail bonds.
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.21221 of 2023
Arising Out of PS. Case No.-7 Year-2022 Thana- GARAHARA RPF/POST DistrictBegusarai
======================================================
Chandan Kumar Singh @ Chandan Kumar, son of Ram Chandra Singh, Resident Of Village- Bihat, Tola- Jagir, Ps- Barauni, District- Begusarai
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
... ... Opposite Party
For the Petitioner/s : Mr. Vijay Anand, Advocate For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
2 21-04-2023 This application has been filed for quashing of part of the order dated 22.02.2023 passed by In-charge Additional Sessions Judge, IV, Begusarai, in B.A. No. 2179 of 2022, arising out of R.P.F. (Garhara) P.S. Case No. 07 of 2022, by which the Court below has granted bail to the petitioner with a condition that the bail bonds shall be filed after framing of charge or after six months of custody from the date of his remand.
I have considered the submissions of the parties. I have also gone through the records of the case including the impugned order. In the opinion of this Court, the condition imposed by the Court below while granting bail to the petitioner is not just and proper. Further, this Court vide an order dated 18.04.2023 passed in Criminal Miscellaneous No.24451 of 2023 has held that the impugned order of the Court below imposing
Patna High Court CR. MISC. No.21221 of 2023(2) dt.21-04-2023 2/2
condition is improper and directed the Court below to accept the bail bonds of co-accused namely, Sanni Kumar @ Shani Kumar.
Considering the aforesaid facts and also in the interest of justice, this application is allowed. Accordingly, the order dated 22.02.2023 passed by In-charge Additional Sessions Judge, IV, Begusarai, in B.A. No. 2179 of 2022, arising out of R.P.F. (Garhara) P.S. Case No. 07 of 2022 is quashed only to the extent of imposing condition by the Court below. The petitioner shall furnish the bail bonds and thereafter, the concerned Court below will accept the same.
(Sandeep Kumar, J)
pawan/-
U T
1 issue framed by the court
Whether an order imposing a conditional bail bond filing should be quashed when a prior court held the condition improper and directed acceptance of bail bonds?
Chandan Kumar Singh @ Chandan Kumar
The State of Bihar
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
