Patna High CourtCR. MISC./63007/2023disposed

Sandip Kumar v. The State Of Bihar

2023-09-15Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63007 of 2023 In CRIMINAL MISCELLANEOUS No.54102 of 2023 Arising Out of PS. Case No.-50 Year-2023 Thana- NAUGACHIA District- Bhagalpur ====================================================== SANDIP KUMAR SON OF VIKASH KUMAR SINGH RESIDENT OF VILLAGE - CHAPARGHAT, POLICE STATION - GOPALPUR, DISTRICT - BHAGALPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhas Ranjan, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-09-2023 Heard the parties.

Earlier the bail was granted on 23.08.2023.

Now the modification petition has been filed stating that although in the petition in paragraph 1, the original Naugachia P.S. Case No. 50 of 2023 was incorporated, in the prayer portion Tikapatti P.S. Case No. 58 of 2022 was recorded. This has resulted into he remaining into custody despite bail having been granted.

The negligence on the part of the learned Counsel for the petitioner resulted into suffering of his client. However, in view of the fact that bail has already been granted, the modification is allowed to the following extent:-

Patna High Court CR. MISC. No.63007 of 2023(2) dt.15-09-2023 2/3 Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousands only) with two sureties of like amount each to the satisfaction of the learned A.C.J.M. 1st, Naugachia in connection with Naugachia P.S. Case No. 50 of 2023, subject to the following conditions-: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

Patna High Court CR. MISC. No.63007 of 2023(2) dt.15-09-2023 3/3 The said modification petition is allowed subject to the payment of Rs. 2,000/- to the Patna High Court Legal Services Committee.

(Rajiv Roy, J) Neha/- U T