Oral order deleting bail condition requiring bond acceptance after charge framing due to indefinite delay in framing charges caused by non-production of co-accused.
Condition requiring acceptance of bail bond after framing of charges is deleted.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21478 of 2023
In
CRIMINAL MISCELLANEOUS No.70993 of 2021
Arising Out of PS. Case No.-26 Year-2021 Thana- MARANCHI District- Patna
======================================================
Santosh Kumar @ Chuhwa Son Of Birmani Mahto Residents Of VillageSimariya Ghat, Bind Toli, PS- Chakiya, Distt- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Kumar Sameer, Advocate For the Opposite Party/s : Mr.Sanjay Kumar Pandey, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
2 05-04-2023
Heard learned counsel for the petitioner and learned
counsel for the State.
The present application has been filed for modification of the order dated 27.07.2022 passed in Cr. Misc. No. 70993 of 2021 and one of the conditions at the time of granting bail was that “the bail bond of the petitioner will be accepted only after framing of charge, if not already framed”.
Learned counsel for the petitioner submits that the one of the conditions which was imposed on the petitioner at the time of grant of bail was that his bail bond was to be accepted only after framing of charge, but after passage of so much time charges are yet to be framed due to non-production of Vicky
Patna High Court CR. MISC. No.21478 of 2023(2) dt.05-04-2023 2/2
Kumar @ Kundan Kumar and there is no likelihood of framing of charge in near future. Learned counsel further submits that despite grant of bail the petitioner is not enjoying the privilege of bail due to the aforesaid condition.
Having regard to the submission made on behalf of the petitioner, the condition about acceptance of the bail bond after framing of charge stands deleted. The other conditions will remain the same.
The order dated 27.07.2022 is modified to the extent indicated above.
Accordingly, this application stands disposed of.
(Arun Kumar Jha, J)
DKS/-
U T
2 issues framed by the court
Whether condition requiring acceptance of bail bond after framing of charges can be deleted when charges are unlikely to be framed soon.
Whether petitioner continues to enjoy bail privilege despite condition barring bond acceptance.
Santosh Kumar @ Chuhwa
The State of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
