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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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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