IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40644 of 2011 1. Raghuni Paswan, S/O-Late Bijli Paswan 2. Golu Kumar, S/O-Late Pradeep Paswan Versus The State Of Bihar ---------------------------------- 02 02.12.2011 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners have been detained in jail custody in connection with Excise Case No.14 of 2011 for the offence under Section 47 A of the Excise Act. It would appear from perusal of the record that petitioners were granted privilege of bail by the learned Sessions Judge, Saran on 24.08.2011 with condition that they should be released after framing of the charge. Learned counsel appearing for the petitioners submits that the trial court could not succeed to frame charge against the petitioners on account of absconding of one co-accused and after that petitioners filed a petition before the learned trial court to separate their record for framing the charge but the record of the petitioners was not separated by the learned trial court and after that petitioners moved before the learned Sessions Judge, Saran to modify his order dated 24.08.2011 passed in B.P. No. 936 of 2011 but learned Sessions Judge, Saran refused to modify his order and rejected the prayer of the petitioners vide order dated 18.10.2011. It is further contended by him that though office of this Court has reported that only petition under Section 482 of the Cr.P.C. is maintainable against the order dated 18.10.2011 passed in 2 Cr. Misc. No. 223 of 2011 but, as a matter of fact, Section 439 (1) (b) of the Cr.P.C. says that any condition imposed by a Magistrate when releasing any person on bail be set aside or modified either by the Sessions Judge or by this Hon’ble Court and, therefore, this petition is maintainable in view of the above stated provisions of the Cr.P.C. Considering the above stated submissions as well as facts and circumstances of the case, the condition imposed vide order dated 24.08.2011 passed in B.P. No. 936 of 2011 is set aside and the learned trial court is, hereby, directed to release the petitioners on bail in view of the order dated 24.08.2011 passed by learned Sessions Judge, Saran in B.P. No. 936 of 2011. Accordingly, this petition stands disposed of. Let this order be communicated to the court of Chief Judicial Magistrate, Saran at Chapra in connection with above stated Excise Case No. 14 of 2011 through FAX at the cost of the petitioners. SHAHZAD ( Hemant Kumar Srivastava, J.)