Sunil Kumar Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22633 of 2016 ====================================================== Sunil Kumar Srivastava S/o late Rajendra Prasad Resident of M.OAshokpuri, Khazpura Devnandan Apartment Flat no. 202 House of Rambalak Mahto PS Shastrinagar, District Patna Bihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sinha For the Opposite Party/s : Mr. M.Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 28-06-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Vide Cr.Misc.No.12421 of 2016 (Annexure-1) order dated 31.03.2016 petitioner was directed to avail the opportunity in terms of Section 438 Cr.P.C. on the condition that within four weeks from the date of passing of order petitioner should deposit Rs.30,000/- while remaining Rs.21,000/- should be deposited within further four weeks with a rigour that in case the said amount is not deposited then, in that event, the order impugned cease to survive.

On the grounds so enumerated in the petition, it has

Patna High Court Cr.Misc. No.22633 of 2016 (2) dt.28-06-2016 2/3 been submitted on behalf of the petitioner that as he fallen ill consequent thereupon could not comply the order. Further submitted that the period be extended further more to four weeks within which petitioner will deposit the amount in one installment. Learned Additional Public Prosecutor opposes the same.

Considering the submission, the period so described under order passed in Cr.Misc.No.12421 of 2016 is extended and, accordingly, paragraphs 3 and 4 thereof is amended in following way "on an undertaking at the end of the petitioner to deposit Rs.51,000/- in one installment within four weeks from the date of instant order and on being deposited, petitioner Sunil Kumar Srivastava will be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-9, Ara, in Sandesh P.S. Case No.2 of 2015 in the event of his arrest or surrender in terms of conditions so enumerated under Section 438(2) of Cr.P.C.". It is made clear that no further extension will be allowed.

The instant order be treated as a part and parcel of

Patna High Court Cr.Misc. No.22633 of 2016 (2) dt.28-06-2016 3/3 the order dated 31.03.2016 passed in Cr.Misc.No.12421 of 2016. Let the order be communicated upon the learned lower court through Fax at the cost of the petitioner which should be deposited within three days.

(Aditya Kumar Trivedi, J) AnilKrSinha/- U T