Kundan Kumar @ Kundan Kumar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27026 of 2024 In CRIMINAL MISCELLANEOUS No.74936 of 2023 Arising Out of PS. Case No.-219 Year-2023 Thana- CHHATAUNI District- East Champaran ====================================================== Kundan Kumar @ Kundan Kumar Tiwari Son Of Sri Pukar Tiwari Resident Of Village - Bara Bariyarpur, P.S. - Chhatauni, District - East Champaran ... ... Petitioner/s

Versus

The State Of Bihar & Anr.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the State :

Mrs. Meena Singh, A.P.P For O.P. No.2 :

Mr. Ansh Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-05-2025 Heard Learned counsel for the petitioner, Learned APP for the State and Learned counsel for O.P. No.2.

2. The present application has been filed for modification of provisional bail granted to the petitioner vide order dated 29.11.2023 in Cr. Misc. No. 74936 of 2023. Counsel submits that extension is required due to the reason that O.P. No.2 did not appeared for conciliation within time for three consecutive dates and it is due to this reason that in the absence of O.P. No.2, conciliation has been failed.

3. Learned counsel appearing on behalf of O.P. No.2 submits that at the time of granting bail, this Court has pleased to impose different conditions. One of the condition was that the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the

Patna High Court CR. MISC. No.27026 of 2024(11) dt.09-05-2025 2/2 Trial Court itself. Another condition was about confirmation of his provisional bail after fulfillment of mediation. Counsel submits that on the ground of conciliation, petitioner's bail bond has not been cancelled. Counsel further submits that it is true that O.P. No.2 could not appear for conciliation, but bail bond of the petitioner has been cancelled on the ground of nonfulfillment of the conditions imposed by this Hon'ble Court about failure of two consecutive dates.

4. Upon perusal of the records, it transpires to this Court that petitioner has very cleverly tried to seek modification on the ground that O.P. No.2 has not appeared for different consecutive dates for conciliation, rather, from the order sheet, it transpires that petitioner's bail bond has been cancelled due to his own fault for non-appearance on two consecutive dates and his lawyer has also not placed his case rightly.

5. As such, this Court is of the firm view that there is no need for any modification in the order dated 29.11.2023 passed in Cr. Misc. No. 74936 of 2023. Hence, this modification application is hereby rejected.

(Dr. Anshuman, J) Divyansh/- U T