Nayak Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23294 of 2021 In CRIMINAL MISCELLANEOUS No.6696 of 2020 Arising Out of PS. Case No.-30 Year-2019 Thana- BASANTPUR District- Siwan ====================================================== NAYAK MANJHI S/O LATE MADAN MANJHI RESIDENT OF VILLAGE BHARATPURA, P.S-G.B. NAGAR, DISTRICT-SIWAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 28-07-2021 Heard learned counsel for the petitioner and the State. This application has been filed by the petitioner for modification of order dated 01.10.2020 passed in Cr. Misc. No. 6696 of 2020, whereby petitioner was allowed anticipatory bail with conditions that he should surrender within four weeks from the date of the order and he would also pay the amount of Rs.70,000/- to the informant within three months through cheque.

However, it is submitted that the petitioner, due to the reasons mentioned in this application, could neither surrender within the aforesaid period nor could he pay the aforesaid amount of Rs.70,000/- to the informant and, thus, petitioner seeks extension of the time for surrender as well as

Patna High Court CR. MISC. No.23294 of 2021(2) dt.28-07-2021 2/2 for payment of aforesaid amount of Rs.70,000/- to the informant.

In the facts and circumstances of the case, this application is allowed.

Let the period of surrender as per order dated 01.10.2020 passed in Cr. Misc. No. 6696 of 2020 be extended by further four weeks from today.

However, it is made clear that petitioner would pay the aforesaid amount of Rs.70,000/- through cheque to the informant and, he will have to submit a receipt showing payment of aforesaid amount to the informant before the court below.

If petitioner submits the receipt showing payment of aforesaid amount of Rs.70,000/- to the informant, then only the court below would accept his bail bond, otherwise, his bail bond would not be accepted.

It is clarified that whole exercise would be completed within four weeks from today. If petitioner fails to pay Rs.70,000/- to informant as agreed within 4 weeks, the trial court shall take all steps to apprehend him.

(S. Kumar, J) Sanjay/- U T