Krishna Mohan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17608 of 2022 In CRIMINAL MISCELLANEOUS No.81733 of 2019 Arising Out of PS. Case No.-1279 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== KRISHNA MOHAN SHARMA S/o Late Ramanand Shamra R/o villageParsa, P.S.- Naubatpur, District- Patna (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Premjeet Kumar S/o Sri Rampravesh Singh R/o village- Parsa, P.S.- Naubatpur, Distt.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiw Kumar Prabhakar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-08-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioners as well as the learned APP for the State.

The present application has been filed for modification of the order dated 29.01.2021, passed in Cr.Misc. No. 81733 of 2019, by which the petitioner was granted anticipatory bail.

It is submitted that under the said order , it was the condition that on the date of filing of the bail bond, the

Patna High Court CR. MISC. No.17608 of 2022(3) dt.03-08-2022 2/3 petitioner will furnish receipt showing payment of Rs. 13 lakh out of Rs. 27 lakh to opposite party no.2 and the remaining amount would be paid thereafter within three months and if the remaining amount would not be paid by the petitioner to opposite party no.2 within the stipulated period, the trial court shall be at liberty to cancel the bail bond of the petitioner. He has submitted further that after passing of the above mentioned order, the petitioner and complainant have settled their disputes and compromised the case and as per the terms and conditions of the compromise petition, the petitioner executed the sale deed in favour of the complainant in lieu of consideration money of Rs. 27 lakh.

As the matter has amicably been settled and the petitioner has executed the sale deed in favour of the complainant, he is directed to be released in the event of his arrest or surrender within four weeks from today on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the concerned court in connection with Complaint Case No. 1279 (C) of 2018, subject to the conditions as laid down under Section 438(2) Cr. P.C. To the extent indicated above, the order dated 29.01.2021 passed in Cr. Misc. No. 81733 of 2019 is modified.

Patna High Court CR. MISC. No.17608 of 2022(3) dt.03-08-2022 3/3 Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

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