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Patna High CourtCR. MISC./7754/2022allowed

Central Bureau Of Investigation Through Sp/CBI/Ac-Ii v. Deo Shankar Mishra

2022-04-27Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7754 of 2022 In CRIMINAL MISCELLANEOUS No.8319 of 2021 Arising Out of PS. Case No.-17 Year-2017 Thana- C.B.I CASE District- Patna ====================================================== CENTRAL BUREAU OF INVESTIGATION THROUGH SP/CBI/AC-II New Delhi, Lodhi Road, Plot No. 5B, Jawaharlal Nehru Marg, CGO Complex, New Delhi.

... ... Petitioner/s

Versus

DEO SHANKAR MISHRA S/o Sh. Dayanand Mishra R/o Ranti, Madhubani, Bihar, Presently residing at Bank Colony, Line No. 8, Gola Road, North of Bailey Road, P.S. - Danapur, Patna, Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Avanish Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-04-2022 Heard learned counsel for the CBI and learned counsel for the sole opposite party.

The instant application has been filed for modification of the order dated 26.8.2021 passed in Cr. Misc. no. 8319 of 2021 whereby the opposite party Deo Shankar Mishra was directed to be enlarged on bail in connection with Special Case no. 4 of 2018 (R.C.17/A/2017). By this application the CBI prays for modification of the part of the order and of imposing certain conditions as stated in paragraph no. 3 of the petition. Having heard learned counsel for the CBI and learned counsel for the opposite party, the instant application is allowed. The order dated 26.8.2021 passed in Cr. Misc. no. 8319 of 2021

Patna High Court CR. MISC. No.7754 of 2022(3) dt.27-04-2022 2/3 (Deo Shankar Mishra vs. State of Bihar and another) granting bail to the petitioner in connection with Special Case no. 4 of 2018 (R.C.17/A/2017) on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, CBI II, Patna is modified to the extent that in addition to the order passed therein, the petitioner shall satisfy the following conditions and which will be read as part of the said order. The conditions are:

(I) The petitioner shall fully cooperate with the trial of the case.

(II) Both the bailors shall be resident of territorial jurisdiction of the learned court below having immovable property within the jurisdiction of the learned court below. (III) The petitioner shall not leave the country without prior permission of the learned trial court.

(IV) The petitioner shall not tamper with the evidence.

In case of violation of the any of the above conditions the learned trial court may proceed to cancel the bail bond of the petitioner and to take him into custody till conclusion of the trial.

The application stands allowed and the order dated

Patna High Court CR. MISC. No.7754 of 2022(3) dt.27-04-2022 3/3 26.8.2021 (Annexure-A) stands modified to the above extent. (Partha Sarthy, J) Spd/- U T