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Patna High CourtCR. MISC./22295/2023disposed

Basant Kumar @ Basant Bhagat v. The State Of Bihar

2023-04-12Mr. Justice Arun Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22295 of 2023 In CRIMINAL MISCELLANEOUS No.67987 of 2021 Arising Out of PS. Case No.-297 Year-2013 Thana- SARAIYA District- Muzaffarpur ====================================================== Basant Kumar @ Basant Bhagat S/O Late Maheshwar Bhagat R/O VillageChajan, P.S- Kudhani, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Prasad Singh, Advocate For the Opposite Party/s :

Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-04-2023 The instant petition has been filed by the petitioner for modification of order dated 19.09.2022 passed in Cr. Misc. No. 67987 of 2021.

It has been submitted by learned counsel for the petitioner that one of the conditions imposed on the petitioner while granting bail was that the bail bond of the petitioner was to be accepted only after framing of charge, if it was not already framed. Learned counsel for the petitioner further submits that in the instant case even cognizance has not been taken till date and due to condition of acceptance of bail bond after framing of charge, the petitioner has been denied privilege of bail though it was granted to him by order of this Court on 19.09.2022. Learned counsel further submits that the order dated 19.09.2022

Patna High Court CR. MISC. No.22295 of 2023(2) dt.12-04-2023 2/2 be modified to the extent that the condition that bail bond would be accepted only after framing of charge be deleted. Having regard to the facts and circumstances, the condition about acceptance of bail bond after framing of charge is deleted from the order dated 19.02.2022 and the said order is modified to that extent only.

Accordingly, petition stands disposed of.

(Arun Kumar Jha, J) himanshu/- U T