Binod Kumar Singh @ Vinod Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63126 of 2018 In Criminal Miscellaneous No.43395 of 2015 ====================================================== Binod Kumar Singh @ Vinod Kumar Singh, s/o- Late Haridwar Singh, r/ovillage- Baradhikala, P.S.- Dinara, District- Rohtas, at present residing at Kamran Ganj, P.S.- Indrapuri, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Singh For the Opposite Party/s :

Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The present application has been filed for modification of the order dated 17.3.2016 passed in Cr. Misc. No. 43395 of 2015 by which the petitioner was granted provisional bail in connection with Dehri (Indrapuri) P.S. Case No. 196/2015 to the satisfaction of learned S.D.J.M., Dehri, Rohtas and the petitioner was directed to surrender in the Court below within a period of six weeks and furnish bail bonds.

Following was the submission made on behalf of the petitioner in Cr. Misc. No. 43395 of 2015:

"It has been submitted on behalf of the petitioner that the petitioner is ready to hand over

Patna High Court Cr.Misc. No.63126 of 2018(2) dt.10-10-2018 2/3 a cheque for an amount of Rs. 2,00,000/- to the learned counsel for the informant in the Court. The said cheque has been accepted by the learned counsel for the informant. The balance amount of Rs. 3,30,000/- will be paid by the petitioner within a period of six weeks."

Learned counsel for the petitioner submits that due to some unavoidable reasons he could not surrender in the Court below well within time. Counsel for the petitioner has got a demand draft bearing no. 150642 dated 10.10.2018 prepared in favour of Smt. Shikha Devi for an amount of Rs. 3,30,000/-. It is further submitted that the petitioner is ready to deposit the said draft in the Court below which may be handed over in favour of the informant by the Court below itself. It is further prayed on behalf of the petitioner that further time for depositing the balance amount may be extended so that the petitioner's provisional bail may be confirmed. Considering the submissions made on behalf of the learned counsel for the petitioner, the time for depositing the balance amount of Rs. 3,30,000/- by way of demand draft in the Court below is further extended for a period of four weeks from today. On doing so, the Court below shall confirm the provisional bail granted to the petitioner vide order dated 17.03.2016 passed in Cr. Misc. No. 43395 of 2015.

The order dated 17.03.2016 passed in Cr. Misc. No.

Patna High Court Cr.Misc. No.63126 of 2018(2) dt.10-10-2018 3/3 43395 of 2015 is modified to the extent as indicated above. The modification application is, accordingly, allowed. Counsel for the informant is not present. Counsel for the petitioner assures this Court that the present order shall be communicated to the Counsel for the informant. (Sudhir Singh, J) Pankaj/- U T