Devendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20811 of 2019 In CRIMINAL MISCELLANEOUS No.11858 of 2019 Arising Out of PS. Case No.-328 Year-2018 Thana- GOVINDGANJ District- East Champaran ====================================================== DEVENDRA KUMAR Son of Raghubansh Prasad Resident of Village - Malulabagh Near Chakbandi office, P.S.- Arah, Distt - Bhojpur. ... ... Petitioner/s

Versus

1. The State of Bihar

2. Gaurav Kumar Singh, s/o Devendra Singh Resident of village-Hemra Begusarai, P.S.-Mufassil Begusarai, District-Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Pandey For the Informant :

Mr. Virendra Kumar Roy For the State :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-07-2019 Heard the learned counsel for the petitioner, the learned counsel for the complainant as also the learned APP Mr. Ashok Kumar.

The present petition has been filed for modification of the order dated 26.2.2019 passed in Criminal Miscellaneous No. 11858 of 2019 to the effect that the sum of Rs. 3 lakhs, as directed to be paid to the complainant be reduced to a sum of Rs. 2 lakhs.

The learned counsel for the complainant, Mr. Virendra Kumar Roy has appeared upon notice and has submitted that the aforesaid modification be made and the complainant has got no objection.

Patna High Court CR. MISC. No.20811 of 2019(5) dt.31-07-2019 2/2 At this juncture, the learned counsel for the petitioner submits that the petitioner has already deposited a sum of Rs. 2 lakhs in the Nazarat of the learned trial court, hence the petitioner is not required to deposit any further amount. Considering the submissions made by the learned counsel for the parties, I deem it fit and proper to direct the trial court to make the provisional bail, granted to the petitioner herein by the learned court of A.C.J.M. 1st, Motihari in connection with Govindganj (Areraj) P.S. Case No. 328 of 2018, absolute.

It is needless to state that upon the complainant filing a petition before the learned trial court for release of the aforesaid sum of Rs. 2 lakhs, already deposited in the Nazarat of the learned trial court, the learned trial court would consider releasing the same in favour of the complainant so that the dispute can come to an end.

The present petition stands disposed of with the aforesaid modification in the order dated 26.02.2019, passed in Criminal Miscellaneous No. 11858 of 2019.

(Mohit Kumar Shah, J) ajay gupta/- U T