IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11272 of 2011 MD. MASKUR @ MASKUR &ORS. Versus THE STATE OF BIHAR ----------- 2 31.03.2011 The office has reported that either the petitioners should file rejection order of bail or may file quashing petition against the order dated 30.12.2010 passed by Sessions Judge, Saharsa in Cr. Misc. No. 57 of 2010. It is pointed out by learned counsel for the petitioners that petitioners were granted privilege of bail vide order dated 08.12.2010 passed in Bail Application No. 992 of 2010 by learned Sessions Judge, Saharsa but he imposed certain conditions for accepting the bail bonds. Out of aforesaid conditions, one of the conditions was that if any Criminal Case is found against any of the petitioners, their bail bonds would automatically be cancelled. It is contended by learned counsel for the petitioners that petitioners moved before learned Sessions Judge, Saharsa for rectifying the above-said conditions but learned Sessions Judge, Saharsa rejected the aforesaid petition and the above- said rejection order would amount to be cancellation of bail of the petitioners. So, there is no need to seek fresh order of bail rejection from the court of learned Sessions Judge, Saharsa. I am fully in agreement with the submission advanced on behalf of the petitioners. Time and again, it has been settled by Apex Court of this country that conditions while granting bail 2 to an accused are imposed only to procure his attendance at the time of trial and no conditions can be imposed upon an accused, which could not be fulfilled by the concerned accused. In the instant case, as pointed out by learned counsel for the petitioners that some criminal cases are pending against petitioner Nos. 1, 2 & 3, so they are not in a position to fulfill the conditions imposed by learned Sessions Judge, Saharsa. Let this Cr. Misc. case be disposed of with the observation that the conditions imposed by learned Sessions Judge, Saharsa vide order dated 08.12.2010 passed in B.A. No. 992 of 2010 stands modified to the extent that even if any criminal case is pending against the petitioners, they shall be released on bail vide order dated 08.12.2010 passed in B.A. No. 992 of 2010. The rest conditions as imposed by the above-said order dated 08.12.2010 of learned Sessions Judge, Saharsa shall remain in force. AKV/- (Hemant Kumar Srivastava,J.)