Md. Abdul @ Md. Abdul Salam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15826 of 2022 In CRIMINAL MISCELLANEOUS No.33730 of 2020 Arising Out of PS. Case No.-40 Year-2020 Thana- CHAUTHAM District- Khagaria ====================================================== MD. ABDUL @ MD. ABDUL SALAM, age about 39 years, Gender-Male, Son of Md. Khilafat Hussain, Ward Sachiv of Ward No. - 7, Sarsawa Panchayat, Resident of Village - Sarsawa, P.S. - Chautam, District - Khagaria. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Jagjit Roshan, Advocate For the Opposite Party :

Mr. Dilip Kumar No. 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-04-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

The present application has been filed for modification of the order dated 01.03.2021, passed in Cr. Misc. No. 33730 of 2020, by which the petitioner was granted anticipatory bail on the submission of learned counsel for the petitioner that the petitioner was ready to deposit an amount of Rs. 40,000/- in the learned court below which shall be subject to final disposal of the case and the petitioner was directed to

Patna High Court CR. MISC. No.15826 of 2022(2) dt.06-04-2022 2/3 deposit an amount of Rs. 40,000/- in the court below, which shall be subject to final disposal of the case and on doing so, the petitioner in the event of arrest/surrender before the learned court below within a period of six weeks was to be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria, in connection with Chautham P.S. Case No. 40 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

On behalf of the petitioner, it has been submitted that the said amount of Rs. 40,000/- could not be deposited by him within a period of six weeks and hence, he could not surrender before the learned court below and furnish bail bond. Learned counsel for the petitioner submits that the petitioner is ready to deposit the aforesaid amount of Rs. 40,000/- in the court below within a period of eight weeks from today.

Considering the submissions made on behalf of learned counsel for the petitioner and the grounds mentioned in the modification application, the petitioner is directed to deposit the aforesaid amount of Rs. 40,000/- (Rupees Forty Thousand)

Patna High Court CR. MISC. No.15826 of 2022(2) dt.06-04-2022 3/3 in the learned court below within a period of eight weeks from today. Thereafter, the petitioner will surrender and furnish bail bonds within a period of four weeks from the date of deposit of the aforesaid amount. The rest of the conditions stipulated in the order will be same.

The order dated 01.03.2021, passed in Cr. Misc. No. 33730 of 2020, is modified to the extent as indicated above. The present application is allowed.

Let this order be communicated to the learned court below through e-mail.

(Sudhir Singh, J) U.K./- U T