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Patna High Court

Utpalkant KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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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