Ram Balak Chodhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38112 of 2022 In CRIMINAL MISCELLANEOUS No.49405 of 2021 Arising Out of PS. Case No.-364 Year-2018 Thana- HISUWA District- Nawada ====================================================== Ram Balak Chodhary, Son of Late Lato Choudhary Resident of village R/oVillage- Tungi, P.S- Hisua, Distt.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 22-07-2022 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. This application has been filed for modification of the order dated 24.06.2022 passed in Cr. Misc. No.49405 of 2021 by this Court, by which the petitioner has been granted bail with certain conditions.

Learned counsel for the petitioner submits that the petitioner has been granted bail with certain conditions including condition no. (i) that the bail bond of the petitioner will be accepted only after framing of charge, if not already framed. Learned counsel further submits that presently court is lying vacant and even cognizance has not been taken in the matter. Learned counsel further submits that a petition to release

Patna High Court CR. MISC. No.38112 of 2022(2) dt.22-07-2022 2/2 the petitioner even on provisional bail till framing of charge has been filed, but till date, no order has been passed. Having regard to the submissions made hereinabove, let the petitioner above-named be released on provisional bail till framing of charge on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Nawada in connection with Hisua P.S. Case No.364 of 2018, subject to the condition that after framing of charge, provisional bail granted to the petitioner will be confirmed by the court below.

Accordingly, the order dated 24.06.2022 is modified to the aforesaid extent only.

This application stands disposed of.

(Arun Kumar Jha, J) V.K.Pandey/- U T