Gopal Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22013 of 2019 In CRIMINAL MISCELLANEOUS No.80454 of 2018 Arising Out of PS. Case No.-399 Year-2018 Thana- KOTWALI DistrictPatna ====================================================== 1.

GOPAL THAKUR, aged about 38 years, male, S/o Doman Thakur, Proprietor of M/S S.K. Enterprises R/o Village/Mohalla- 1st Floor, Krishna Market Karbighaiya near Bhagwat Hotel, P.S.- Jakkanpur, District- Patna 2.

Nirmala Kumar, aged about 34 years, female, W/o Gopal Thakur. Proprietor of M/S S.R. Enterprises R/o Village/Mohalla- 1st Floor, Krishna Market Karbighaiya near Bhagwat Hotel, P.S.- Jakkanpur, District- Patna ... ... Petitioners

Versus

1.

The State of Bihar 2.

Sri Rajesh Prasad Srivastava, The Chief Manager (Observance and Risk Management) State Bank of India, Region- II, Patna Central, Code No. (13723) Administrative Office, I.C. Road, Patna, District- Patna- 80001 ... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Dr. Ajeet Kumar, Advocate.

For the Opposite Parties:

Mr. Ashok Kumar Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-04-2019 The present petition has been filed for modification of the order dated 22.01.2019 passed in Cr. Misc. No. 80454 of 2018.

2. Learned counsel for the petitioners submits that in view of the amounts owing from some dealers not having being paid to the petitioners, the requisite instalments could not be deposited by the petitioners within the stipulated period. As such, the petitioners have sought extension of time for making

Patna High Court CR. MISC. No.22013 of 2019(3) dt.24-04-2019 2/2 the deposit.

3. For the reasons stated above, para-5(v) of the order dated 22.01.2019 passed in Cr. Misc. No. 80454 of 2018 shall be treated as modified to read as follows - "The petitioners shall deposit an amount of Rs. 86,13,222.91 in six instalments, out of which an amount of Rs. 28,71,074.30 representing two instalments shall be made within a period of one week from today and the remaining amount of Rs. 57,42,148.61 thereafter in four equated fortnightly instalments, the first of which shall be made by the 15th of May, 2019, before the learned Court below. Such deposit shall abide by the final result of the trial. ."

4. It is made clear that default in payment of any instalment shall automatically result in cancellation of anticipatory bail.

5. The petition stands allowed only to the extent above.

(Vikash Jain, J) Ibrar//- U T