Anantpreet Singh Brar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51479 of 2021 In CRIMINAL MISCELLANEOUS No.30399 of 2019 Arising Out of PS. Case No.-44 Year-2017 Thana- AGAMKUAN District- Patna ====================================================== Anantpreet Singh Brar Son Of Ajaib Singh Brar Resident Of House No.176, Sector 21, Village - Dundahera, P.S.- Udyog Vihar, Distt.- Gurugram, StateHaryana. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Inspector general of Police Vigilance, Patna, Bihar. Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rama Kant Sharma, Sr. Advocate, Mr. Sriram Krishna, Advocate For the Opposite Party/s :
Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 20-01-2022 Heard Mr. Ramakant Sharma, learned senior counsel appearing for the applicant.
By drawing my attention to the order dated 10.02.2021, passed by a coordinate Bench of this Court in Cr. Misc. No.2864 of 2021, the learned senior counsel for the applicant argued that the condition of depositing bank guarantee of rupees twenty five lakhs and deposit of passport is onerous. He argued that as per the law laid down by the Hon'ble Supreme Court, such condition ought not to have been imposed as the same is unreasonable and amounts to denial of bail. It is further argued that the applicant was not responsible for the
Patna High Court CR. MISC. No.51479 of 2021(3) dt.20-01-2022 2/3 scam in the subject crime. Other co-accused are already released on bail without imposition of such condition and, therefore, the condition of grant of bail needs to be modified. I have considered the submissions so advanced. The following is the relevant portion of the order passed by the coordinate Bench of this Court which is sought to be modified by relaxing the condition:
"Considering the period of custody and the fact that the petitioner has got no criminal antecedent and also the fact that he is the only supplier of OMR sheets, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.2,00,000/- (Rupees two lakhs) with two sureties of the like amount each to the satisfaction of Special Vigilance Judge-1, Patna in connection with Agamkuan P.S. Case No.44 of 2017 (Special Case No.11 of 2017) subject to the condition that the petitioner shall deposit Bank guarantee of Rs.25,00,000/- (twenty five lakhs) in the court below and the same shall abide by the final outcome in the trial with the further condition that the bailors should be the family members of the petitioner.
The petitioner is also directed to deposit his passport in the court below and extend full co-operation in early conclusion of
Patna High Court CR. MISC. No.51479 of 2021(3) dt.20-01-2022 3/3 the trial."
It is seen from the order that the coordinate Bench of this court had directed the applicant to deposit the Bank guarantee of rupees twenty five lakhs and to deposit his passport.
Acceding to the request made by the learned counsel for the applicant would amount to review of the order passed by this Court which is not permissible. The application is, therefore, rejected.
(A. M. Badar, J) Mkr./- U T