Patna High CourtCR. MISC./21221/2023allowed

Chandan Kumar Singh @ Chandan Kumar v. The State Of Bihar

2023-04-21Mr. Justice Sandeep Kumar2 pages

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 :

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 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