Special Circumstance Of COVID19: Patna Court Allows Bail Application With Defects [Read Order]

Justice Chakradhari Sharan Singh noted,

"The petition is defective in so many respects, as has been pointed out by the Stamp Reporter. Many of such defects relate to non-compliance of the filing procedure laid down under the Patna High Court Rules."

The court further noted that the bail application filed under Section 439 of CrPC by the Applicant accused of dishonor of cheque under Section 138 of the NI Act, did not disclose whether the Applicant was in custody in connection with the present criminal case or otherwise.

On this aspect, the court was informed that the Applicant was in custody in connection with some other case registered in Uttar Pradesh, however, a warrant in connection to the present case had been issued by the Samastipur Court.

Justice Singh nevertheless, in light of the unprecedented lockdown, proceeded to allow the defective bail application, subject to removal of all defects within a period of two months.

"In view of the nationwide lockdown, I have ignored, for the present, the said defects/deficiencies in filing of the application.

…it is directed, by way of interim measure, that if the petitioner is sought to be arrested/remanded in connection with Samastipur Town P.S. Case No. 269 of 2018, he shall be released on provisional bail on furnishing bail bond of Rs.10,000/- with two sureties… This is subject to the condition that the defects pointed out by the Stamp Report are removed within two months from today," the court ordered.

Case Details:

Case Title: Manoj Kumar v. State of Bihar

Case No.: Carl. Misc. No. 19079/2020

Quorum: Justice Chakradhari Sharan Singh

Appearance: Advocate Rakesh Chander Agrawal (for Applicant)

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