Subhash Yadav @ Subhash Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20544 of 2023 In CRIMINAL MISCELLANEOUS No.65409 of 2022 Arising Out of PS. Case No.-387 Year-2022 Thana- RAHUI District- Nalanda ====================================================== SUBHASH YADAV @ SUBHASH KUMAR YADAV SON OF LATE KAMESHWAR YADAV RESIDENT OF VILLAGE -HURHIYA ,PS RAHUI , DIST -NALANDA AT BIHARSHARIF ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

THE CHAIRMAN SOUTH BIHAR POWER DISTRIBUTION COMPANY LIMITED PATNA BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sheo Kumar Prasad, Adv.

For the Opposite Party/s :

Mr.Umeshanand Pandit, APP Mr.Ajay Kumar Gautam, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-04-2023 Heard learned counsels for the parties.

This application has been filed for modification of the order dated 24.01.2023 passed in Cr. Misc. No.65409/2022, whereby this Court has granted provisional anticipatory bail to the petitioner with direction to deposit 30% of Rs.3,30,850/- in the concerned department and it was directed that provisional bail of the petitioner shall be confirmed by the learned court below itself after showing that the petitioner has filed appeal in the appellate authorities after depositing the aforesaid amount. It is submitted by learned counsel for the petitioner that as per the direction of this Court, the petitioner went to file the

Patna High Court CR. MISC. No.20544 of 2023(2) dt.05-04-2023 2/2 appeal before the appellate Authority but the Appellate Authority did not receive the application of the petitioner. Therefore, petitioner prays to modify the said order to the extent that the provisional bail of the petitioner may get confirmed. Considering the reasons assigned in the modification application and in the interest of justice, since the petitioner has already deposited 30% of Rs.3,30,850/-, I hereby confirm the provisional bail granted to the petitioner vide order dated 24.01.2023 passed in Cr. Misc. No.65409/2022, in connection with Rahui P.S. Case No.387/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C . Accordingly, the modification application hereby stands disposed of.

(Anjani Kumar Sharan, J) pallavi/- U T .