Rahul Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15601 of 2022 In CRIMINAL MISCELLANEOUS No.78825 of 2018 Arising Out of PS. Case No.-124 Year-2017 Thana- NAUTAN District- West Champaran ====================================================== RAHUL YADAV Son of Shri Yadav, R/O Village - Chilrao, P.O.- Jagdishpur, Khirwa Bazar, P.S.- Turkauliya, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-06-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State through video conferencing.

The present application has been filed for modification of the order dated 11.01.2019, passed in Cr. Misc. No. 78825 of 2018.

Vide order dated 11.01.2019 in Cr. Misc. No. 78825 of 2018, the petitioner was directed to surrender before the court below within a period of six months along with a bank draft of

Patna High Court CR. MISC. No.15601 of 2022(2) dt.24-06-2022 2/3 Rs. 2,50,000/- duly drawn in favour of the informant and the court below after verifying the same shall release the petitioner on provisional bail for a period of three months, during which period, he will deposit the remaining amount by bank draft duly drawn in favour of the informant and only after payment of full amount, the court below shall confirm the provisional bail of the petitioner, otherwise he is free to pass any order as he deems fit and proper.

The learned counsel for the petitioner has submitted that the petitioner could not arrange Rs.2,50,000/- and it was the reason he could not surrender within the stipulated period. He has submitted further that the petitioner has arranged Rs.2,50,000/- and he is ready to pay it to the informant by bank draft duly drawn in her favour at the time of surrender. He has submitted further, he will also pay Rs.2,50,000/- within a period of three months from his surrender.

Considering the above-mentioned facts and circumstances, the time for surrender of the petitioner is extended for a period of four weeks from today. At the time of surrender, the petitioner will deposit a bank draft of Rs.2,50,000/-duly drawn in favour of the informant. He shall also comply with the conditions imposed by this Court vide the

Patna High Court CR. MISC. No.15601 of 2022(2) dt.24-06-2022 3/3 order dated 11.01.2019 in Cr. Misc. No. 78825 of 2018. With these observations, this criminal miscellaneous petition is disposed of.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T