Amit Kumar Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25329 of 2016 Arising Out of PS.Case No. -308 Year- 2015 Thana -BEGUSARAI COMPLAINT CSAE DistrictBEGUSARAI ======================================================
1. Amit Kumar Singh, son of Sri Upendra Singh, Resident of VillageAkbarpur, P.S. Samho, District- Begusarai .... .... Petitioner/s
Versus
1. The State of Bihar.
2. M. Nayaz Nadeem, District Judge's Sherestadar-cum-Incharge Administration, Civil Courts, Begusarai.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Satyendra Narayan Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-06-2016 Heard learned counsel for the petitioner and perused the record.
This petition under Section 482 of the Cr.P.C. has been preferred against the order dated 01.06.2016 passed by learned Sessions Judge, Begusarai in Bail Application No. 878 of 2016 by which and whereunder he granted bail to petitioner in Complaint Case No. C-2-308/2015 but directed the trial court to send release order after one month from the date of above stated order.
Learned counsel for the petitioner submits that the learned Sessions Judge had got no right to impose the aforesaid
Patna High Court Cr.Misc. No.25329 of 2016 (2) dt.15-06-2016 2/2 condition and after grant of bail even detention of the petitioner for a single day is amount to illegal confinement. It is further submitted by him that the Apex Court of this country has several times expressed its anguish in respect of these types of orders. Considering the facts and circumstances of the case as well as submissions of the parties, the condition imposed by the learned Sessions Judge, Begusarai vide order dated 01.06.2016 passed in Bail Application No. 878 of 2016 is hereby quashed and the learned trial court is directed to release the petitioner after taking bail bonds as fixed by the learned Sessions Judge without any delay.
In the aforesaid manner, this quashing petition stands disposed of on admission stage itself.
(Hemant Kumar Srivastava, J) SHAHZAD/- U T