Ramsewak Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30606 of 2024 In CRIMINAL MISCELLANEOUS No.70823 of 2023 Arising Out of PS. Case No.-782 Year-2022 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Ramsewak Chaudhary Son Of Late Prabhu Chaudhary Resident Of VillageKumhrar, Ps- Agamkuan, Dist- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mithilesh Kumar Son Of Jagdish Prasad Resident Of Village- Bhagambigha, Ps- Rahui, Dist- Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This modification application has been filed for modification of the order dated 28.11.2023, passed in Cr. Misc. No. 70823 of 2023.

3. Learned counsel for the petitioner submits that vide order dated 28.11.2023, passed in Cr. Misc. No. 70823 of 2023 the petitioner was granted bail in which petitioner agreed to return Rs. 6,00,000/- to the complainant but he could not manage the said amount in one installment. He submits that the petitioner, at present, is able to return Rs. 2,00,000/- at the time of furnishing his bail bond and rest amount i.e. Rs. 4,00,000/-

Patna High Court CR. MISC. No.30606 of 2024(2) dt.19-04-2024 2/2 will be returned to the complainant in equal four installments.

4. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on provisional bail for a period of six months on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 782 C of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

5. Learned Court below is directed to confirm the bail of the petitioner after returning all the amount of Rs. 6,00,000/- to the complainant.

6. The order dated 28.11.2023 is modified to the extent indicated above.

7. Accordingly, this modification application stands disposed of.

(Anjani Kumar Sharan, J) devendra/- U T