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Patna High CourtCR. MISC./23331/2021allowed

Raju Kumar v. The State Of Bihar

2022-06-29Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23331 of 2021 In CRIMINAL MISCELLANEOUS No.20549 of 2020 Arising Out of PS. Case No.-15 Year-2020 Thana- RAJAOLI District- Nawada ====================================================== RAJU KUMAR Son of Mahendra Yadav Resident of Village - Maniochak, P.S.- Roh, Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.B.N.Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-06-2022 Heard the learned counsel for the petitioner as well as the learned APP for the State.

The present application has been filed for modification of the order dated 03.07.2020, passed in Cr.Misc. No. 20549 of 2020, by which the petitioner was granted provisional bail by a coordinate Bench of this Court. while granting the provisional bail, the coordinate Bench observed that the petitioner shall be released on bail provisionally for a period of three months and his provisional bail will be confirmed by the learned court below on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Nawada

Patna High Court CR. MISC. No.23331 of 2021(5) dt.29-06-2022 2/3 including one surety given at the time of provisional bail. It was further observed that the learned court below will be at liberty to further extend the period of provisional bail, if the court proceeding in physical mode will not resume in next three months.

The learned counsel for the petitioner has submitted that the learned court below could not permit the petitioner to furnish bail bond and stipulated period of three months expired and the provisional bail could not be confirmed. This modification petition has been filed for extension of period of furnishing bail bond as observed in Cr.Misc. No. 20549 of 2020 by order dated 03.07.2020. By order dated 01.02.2022, a coordinate Bench of this Court has granted four weeks' time on the condition that the petitioner shall deposit a cost of Rs. 25,000/- with the Patna High Court Legal Services Committee. Later on, vide order dated 08.03.2022, the time for deposit of the said cost was extended for a period of three months and it was observed under the said order to place the matter after three months or on compliance of the order dated 01.02.2022, whichever is earlier.

The learned counsel for the petitioner has submitted that he has deposited the cost of Rs. 25,000/- with the Patna

Patna High Court CR. MISC. No.23331 of 2021(5) dt.29-06-2022 3/3 High Court Legal Services Committee.

Considering the fact that the petitioner has already deposited the cost of Rs.25,000/- with the Patna High Court Legal Services Committee, the stipulated time for furnishing bail bond, as observed in Cr.Misc. No. 20549 of 2020 under order dated 03.07.2020, is extended by four weeks from today. It is made clear that the petitioner shall not be entitled for further extension of time.

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