Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- S B P SINGH
Holding
The court modified the bail order, permitting the petitioner’s release without awaiting the framing of charge, subject to the other conditions of the original order.
Summary
Manish Kumar filed an application seeking modification of a bail order dated 15.01.2026 which required his release only after the framing of charge. The petitioner argued that due to lapses by the prosecution, no sanction report was filed and no charge had been framed, while co-accused in similar cases had already been released on bail. The court noted the delay in framing charge and the lack of a sanction report, and considered the petitioner's request. It modified the bail order, removing the condition of awaiting charge framing, and directed that the petitioner be released in accordance with law subject to the other conditions of the original order. Consequently, the bail condition was relaxed, allowing the petitioner’s release without waiting for charge framing.
Issues considered
- What is the appropriate course of action when a bail order conditions release on the framing of charge, but the prosecution fails to frame charge due to procedural lapses?
Subjects
- bail
- modification
- framing of charge
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21778 of 2026
In
CRIMINAL MISCELLANEOUS No.1211 of 2026
Arising Out of PS. Case No.-981 Year-2025 Thana- DANAPUR District- Patna
======================================================
Manish Kumar Son of Ramnirekhan Rai @ Ramrekhan Rai Resident of
Village - Naya Tola Saguna Ward No.- 15, P.S.- Danapur, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Jyotsna Rani Mishra
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 03-04-2026 The present application has been filed on behalf of the
petitioner for modification of the order dated 15.01.2026 passed
in Cr. Misc. No. 1211 of 2026 by which the petitioner has been
granted bail and directed to be released on bail after framing of
charge.
2. Learned counsel for the petitioner submits that due
to latches in part of prosecution, no sanction report was made
available on account thereof no charge has been framed till date.
Cognizance has been taken on 02.02.2026 but there is no chance
of framing of charge in near future. She further submits that
other co-accused persons, whose cases stand on a similar
footing, have already been granted bail and have accordingly
been released.
3. Having considered the submissions and upon
Patna High Court CR. MISC. No.21778 of 2026(2) dt.03-04-2026
2/2
perusal of the record, this Court finds it appropriate to modify
the aforesaid order.
4. Accordingly, the condition stipulated in order dated
15.01.2026 to the effect that the petitioner shall be released
after framing of charge is hereby modified, and it is directed that
the petitioner shall be released in accordance with law, without
awaiting framing of charge, subject to fulfillment of all other
conditions as contained in the said order.
5. Order dated 15.01.2026 stands modified to the
aforesaid extent only.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U T
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