Utpalkant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89686 of 2025 In CRIMINAL MISCELLANEOUS No.71005 of 2025 Arising Out of PS. Case No.-404 Year-2025 Thana- NOORSARAI District- Nalanda ====================================================== Utpalkant Kumar S/o- Praveen Jha @ Praveen Kumar Jha Resident of villageParora, PS- Sahebpur Kamal, Dist- Begusarai Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amar Alam, Advocate For the Opposite Party/s :
Ms.Pronoti Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-01-2026 The present application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for relaxation of bail conditions by way of modification in the order dated 09.10.2025 passed in Criminal Miscellaneous No. 71005 of 2025, whereby petitioner was directed to be released on bail after furnishing bail bond in the trial Court, subject to certain conditions, including that petitioner be released on bail after framing of charge, if not framed.
2. Learned counsel for the petitioner submitted that charge has not been framed till date because some co-accused persons have filed discharge petitions and preventing the matter from moving forward. It is further submitted that due to filing of discharge petition, the petitioner, despite having been granted
Patna High Court CR. MISC. No.89686 of 2025(2) dt.13-01-2026 2/2 bail, is suffering continued custody for no fault of his own.
3. In view of the above facts and circumstances of the case, this Court does not find any valid reason to modify order dated 09.10.2025 passed in Criminal Miscellaneous No. 71005 of 2025. Accordingly, the present modification application is dismissed.
4. The learned counsel below is hereby directed to dispose of the discharge petitions filed by the other co-accused expeditiously, within a period of one month. The Court below is further directed to take steps for framing of charge against the petitioner after the disposal of discharge petition. (Rudra Prakash Mishra, J) manish/- U T