Shakti Swarup Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14694 of 2024 In CRIMINAL MISCELLANEOUS No.56273 of 2023 Arising Out of PS. Case No.-245 Year-2021 Thana- MUFFASIL District- West Champaran ====================================================== 1.

Shakti Swarup Sharma S/o Late Shiv Swarup Sharma R/o Chaturbhuj Thakur Marg, Kalambagh road, P.s. - Kalambagh Road, Distt. - Muzaffarpur 2.

Mrs. Meera Sharma W/o Shanti Swarup Sharma R/o Chaturbhuj Thakur Marg, Kalambagh road, P.s. - Kalambagh Road, Distt. - Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-03-2024 Heard Mr. Sanjay Kumar Singh, the learned counsel for the petitioners and Mr. Raj Kishor Singh, the learned Additional Public Prosecutor for the State.

2.

The present modification application has been filed for modifying the order dated 12.01.2024, passed in Cr. Misc. No. 56273 of 2023, whereby the anticipatory bail application filed by the petitioners was allowed and they were directed to surrender within six weeks from the date of receipt of the order. 3.

Learned counsel for the petitioners submits that the aforesaid order dated 12.01.2024 was passed on terms of the compromise after giving the entire money to the informant. However, from perusal of the aforesaid ordersheet, it appears

Patna High Court CR. MISC. No.14694 of 2024(2) dt.01-03-2024 2/2 that conditions have been imposed which have no relevance in the present case. In the aforesaid background, the conditions part may kindly be deleted and the order dated 12.01.2024 may kindly be modified.

4.

Learned APP for the State opposed the prayer for modification application and submits that from perusal of the order dated 12.01.2024, passed in Cr. Misc. No. 56273 of 2023, it appears that although, the petitioners have paid the amount in question, but, the case is still pending before the competent Court of law and accordingly, the petitioners are required to be physically present as directed by the Court, till the disposal of the Bettiah Mufassil PS Case No. 245 of 2021. 5.

In view of the aforesaid, there is no merit in the modification application. Accordingly, the present modification application stands dismissed.

(Rajesh Kumar Verma, J) Shahnawaz/- U T