Patna High Court
Utpalkant KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- R P MISHRA
Holding
The modification application under Section 528 is dismissed as there is no valid reason to alter the bail conditions.
Summary
The petitioner, Utpalkant Kumar, filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking modification of bail conditions imposed by the trial court on 09‑10‑2025, which required his release on bail only after the charge was framed. The petitioner argued that the charge had not been framed because co‑accused had filed discharge petitions, causing his continued custody despite bail being granted. The High Court examined whether there was any valid ground to relax the bail conditions in view of the pending discharge petitions. Finding no sufficient reason to alter the earlier order, the Court dismissed the modification application. It directed the lower court to dispose of the co‑accused’s discharge petitions within a month and to proceed with framing charge against the petitioner thereafter.
Issues considered
- Whether an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for modification of bail conditions should be entertained when charge framing is delayed due to discharge petitions by co‑accused.
Legislation cited
Subjects
- bail
- modification of bail conditions
- charge framing
- discharge petition
- criminal procedure
Judgment
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 village-
Parora, 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
2 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
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