AJAY KUMAR YADAV v. THE STATE OF BIHAR

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL No.4957 OF 2024 (Arising out of SLP(Criminal) No.14370 of 2024)

AJAY KUMAR YADAV ...APPELLANT(s)

1. Leave granted.

2. The appellant is aggrieved by the order dated

11.09.2024 passed by the High Court of Judicature at Patna

in Criminal Miscellaneous No.63349 of 2024, to the extent

of imposing condition that the appellant – accused shall

furnish bail bonds after five months from the date of the

impugned order.

3. Heard learned counsel for the parties.

4. We are indeed surprised, as to how such a condition

could be imposed by the Court while granting bail to the

appellant – accused. It goes without saying that if the

Court is satisfied that the application for bail deserves

to be allowed, the Court could have imposed conditions as

mentioned in Section 437(3) Cr.P.C or such condition that

may be necessary in the interest of justice.

5. However, in the instant case, while granting bail,

the High Court has directed the appellant to furnish the

bail bonds after five months and that too without assigning

any reason, meaning thereby, on one hand, the appellant is

directed to be released on bail, however, he would be

released only after five months on his furnishing bail

bonds. Such a condition of bail is not only unwarranted

but is also not legally permi...