Shambhu Kumar Soni v. The State Of Bihar Through The Vigilance Patna, Presently Economic Offence Unit, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7870 of 2016 ====================================================== Shambhu Kumar Soni, Son of Late Ram Padarath Sah, resident of Mohanpur(Sadar Bazar, Masjid) P.S. Jamalpur, District- Munger. .... .... Petitioner

Versus

The State of Bihar, through the Vigilance Patna, presently Economic Offence Unit, Patna.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Jyoti Ranjan Jha, Advocate. For the Opposite Party : Mr. V.N.P.Sinha(E. O. U) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-03-2016 Heard learned counsel for the petitioner and learned counsel for the Economic Offences Unit.

The present application has been filed for modification of the order dated 29.07.2015 passed in Cr. Misc. No. 10336 of 2015 whereby the petitioner was granted provisional bail in connection with Special Case No. 37/2014, arising out of Munger Kotwali P.S. Case No. 74/2014, pending in the court of the learned Special Judge, Vigilance-II, Patna, for a period of six months and in the said period he was to deposit Rs. 20,00,000/- before the concerned Department. The petitioner has already deposited Rs.

Patna High Court Cr.Misc. No.7870 of 2016 (3) dt.30-03-2016 2/3 1,40,000/-.

It has been prayed that the said period be extended by another six months so that the petitioner could deposit the entire balance amount.

From perusal of Annexure-4 to the supplementary affidavit, it is evident that the petitioner has already surrendered in the court below on 29.02.2016 and he is in judicial custody. Considering the aforesaid facts and circumstances, prayer for the petitioner is allowed and the petitioner above named is directed to be released on provisional bail for a further period of six months on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance-II, Patna, in connection with Special Case No. 37/2014, arising out of Munger Kotwali P.S. Case No. 74/2014.

The petitioner is further directed to deposit the remaining amount i.e., Rs. 18,60,000.00 (Rupees Eighteen Lacs and Sixty Thousand) within the extended period i.e., six months from the date of receipt/production of copy of the order. And on doing so, the provisional bail of the petitioner shall be confirmed by the learned court below. The order dated 29.07.2015 passed in Cr. Misc. No.

Patna High Court Cr.Misc. No.7870 of 2016 (3) dt.30-03-2016 3/3 10336 of 2015 is modified to the extent as indicated above. The modification application is, accordingly, disposed of. U.K./- (Sudhir Singh, J) U T