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Patna High CourtCR. MISC./2230/2016allowed

Deepak Kumar Gupta v. State Of Bihar And ANR

2016-05-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2230 of 2016 Arising out of Criminal Miscellaneous No. 40894 of 2015 Arising out of PS Case No. 70 Year 2015 Thana Chenari District Sasaram (Rohtas) ====================================================== Deepak Kumar Gupta S/o Rajaram Sah resident of Village - Telari, P.S. - Chenari, District - Rohtas.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Dinesh Prasad Singh, District Manager, State Food Corporation, Rohtas. .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Rakesh Singh, Advocate. For the Opposite Party/s : Mr. M. Alam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-05-2016 Heard both sides.

The petitioner filed this petition for modification of the order dated 06.10.2015 passed in Cr. Misc. No. 40894/2015 by which the petitioner was granted anticipatory bail in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of the order. It is submitted that the petitioner has already deposited Rs. 3,48,000/-, i.e. 20% of the amount alleged to have been misappropriated within the prescribed time but the petitioner fell ill and could not surrender in time.

Considering the facts aforesaid and the fact that the petitioner has already deposited 20% of the outstanding amount,

Patna High Court Cr.Misc. No.2230 of 2016 (2) dt.18-05-2016 2/2 the time for surrendering the petitioner before the learned court below is extended by two weeks from today. If the petitioner surrenders before the learned court below in Chenari P.S. Case No. 70/2015, the learned court below shall verify the fact that the petitioner has deposited 20% of the amount due against him and thereafter the petitioner shall be enlarged on anticipatory bail subject to fulfilling the other terms and conditions as laid down in order dated 06.10.2015 passed in Cr. Misc. No. 40894/2015. This modification petition stands disposed of. (Prabhat Kumar Jha, J) Dilip/- U T