Patna High CourtCR. MISC./21478/2023disposed

Santosh Kumar @ Chuhwa v. The State Of Bihar

2023-04-05Mr. Justice Arun Kumar Jha2 pages

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 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