Patna High CourtCR. MISC./59636/2022disposed

Suman Kumar Yadav v. The State Of Bihar

2022-11-09Mr. Justice Arun Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59636 of 2022 In CRIMINAL MISCELLANEOUS No.6114 of 2022 Arising Out of PS. Case No.-336 Year-2020 Thana- BENIPATTI District- Madhubani ====================================================== Suman Kumar Yadav Son of Rangbahadur Yadav Resident of Village - Chhaprahi, P.S.- Khajauli, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 09-11-2022 The present petition has been filed by the petitioner submitting that the petitioner was granted bail vide order dated 13.06.2022 passed in Cr. Misc. No. 6114 of 2022 but one of the conditions was that 'the bail bond of the petitioner will be accepted only after framing of charge, if not already framed.' Learned counsel further submits that despite passage of so much time charge could not be framed in this case by the learned trial court. Learned counsel submits that the petitioner was having criminal antecedent and is accused in six more cases but he has been granted bail in all these cases and he has been sufficiently penalized in this case. Learned counsel further submits that the condition imposed regarding framing of charge may be waived so that the petitioner can enjoy the privilege of bail.

Patna High Court CR. MISC. No.59636 of 2022(2) dt.09-11-2022 2/2 Having considered the submission made on behalf of the petitioner, the order dated 13.06.2022 is modified to the extent that condition no. "(i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed," shall stand deleted and will be replaced by the condition that their bail bonds will be accepted subject to the conditions mentioned under Section 437 (3) of the Cr.P.C. and thus the order dated 13.06.2022 stands modified to the extent indicated above only.

Accordingly, this matter stands disposed of.

(Arun Kumar Jha, J) Rajnish/- U T