Ranbir Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29109 of 2020 Arising Out of PS. Case No.-379 Year-2019 Thana- GANDHIMAIDAN District- Patna ====================================================== RANBIR KUMAR SINGH Son of Shri Ram Prasad Singh Resident of Village- Mahindwara Jandaha Hanuman Mandir, P.S.- Mahnar, DistrictVaishali. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Akshay Lal Pandit, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 27-11-2020 As of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through Video Conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.

Mr. Akshay Lal Pandit, APP is appearing for the State as it is submitted that the brief has been allotted to him by the office of Advocate General.

Heard learned Counsel for the petitioner and the learned Counsel for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner seeks bail in Gandhi Maidan PS Case No. 379 of 2019 registered under Sections 406 and 420 of the IPC. Mr. Prabhakar Singh, learned Counsel appearing for the

Patna High Court CR. MISC. No.29109 of 2020(3) dt.27-11-2020 2/2 petitioner, submits that the petitioner has been granted bail under order dated 10.2.2020 by the Additional District & Sessions Judge, XII, Patna. The conditions for grant of bail are disputed by the petitioner as being very onerous amounting to rejection of the bail itself, as also unsustainable on the ground that the Court has recorded consent of the petitioner to such conditions which he does not consented to. The petitioner thereafter has moved a second application placing the stand of the petitioner on record. The same has been rejected by the court below as being not maintainable since the Court has already granted bail under order dated 10.2.2020. In view of the aforesaid background, it is submitted that the order dated 10.2.2020 passed by Additional District & Sessions Judge, XII, Patna in so far as the conditions imposed therein are required to be assailed by the petitioner by filing a petition under Section 482 Cr.P.C.

Learned Counsel for the petitioner however raises an apprehension regarding matter not being listed by being given the same priority as being given to the bail applications. Such apprehension cannot be addressed by this Court. The petitioner is at liberty to make a mention like any other person for listing of his matter.

The application stands disposed of with liberty to the petitioner to avail of his remedies in accordance with law in view of the submission taken note of hereinabove.

The order has been passed in presence of learned APP. (Madhuresh Prasad, J) SNkumar/- U T