Patna High CourtCR. MISC./59062/2023allowed

Dorjee Phuntso Khirme v. The State Of Bihar

2023-09-22Mr. Justice Alok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59062 of 2023 In CRIMINAL MISCELLANEOUS No.36156 of 2023 Arising Out of PS. Case No.-271 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== DORJEE PHUNTSO KHIRME SON OF NIMA TSERING KHIRME RESIDENT OF VILLAGE- E 41 ZOO ROAD, PS -CHIMPU, ITANAGAR, DISTRICT- PAPUMPARE, ARUNACHAL PRADESH ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivanand Singh For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 22-09-2023

1. Heard learned counsel for the petitioner and learned A.P.P for the State.

2.The present petition has been filed for modification of order dated 15.06.2023 passed in Cr. Misc. No. 36156 of 2023.

3. Learned counsel for the petitioner submits that vide order dated 15.06.2023 the petitioner was directed to be released on bail after framing of charge with certain conditions. He further submits that due to non framing of charge, petitioner has not been released on bail till today and petitioner is in custody since 25.02.2023. He further submits that he may fulfill any of the condition if this Court imposes so.

4. Learned APP does not controvert the aforesaid submission of the learned counsel for the petitioner.

Patna High Court CR. MISC. No.59062 of 2023(3) dt.22-09-2023 2/2

5. Having heard learned counsel for the parties and after perusing the case record, the modification application is allowed to the extent that petitioner is directed to be released on bail without framing of charge, subject to conditions as enumerated in order dated 15.06.2023 including that "Petitioner shall furnish mobile number at the time of furnishing bail bond and the said mobile number shall continue in operating condition till disposal of the case and he shall get his presence marked before the officer-in-charge of the concerned police station on the first Tuesday of every month" .

6. Accordingly, order dated 15.06.2023 passed in Cr. Misc. No. 36156 of 2023 stands modified to the extent stated above.

7. In the aforesaid manner, the present modification petition stands disposed of.

8. Let this order be communicated to the concerned court forthwith.

(Alok Kumar Pandey, J) vashudha/- U T