Kailash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29341 of 2019 In CRIMINAL MISCELLANEOUS No.64403 of 2018 Arising Out of PS. Case No.-64 Year-2018 Thana- TANDWA DistrictAurangabad ====================================================== 1.

KAILASH YADAV, aged about 60 years, male, S/o Late Mungeshwar Yadav R/o village- Ghura Nand, P.S.- Tandwa, District- Aurangabad 2.

Rahul Kumar, aged about 35 years, male, S/o Ram Swaroop Singh R/o village- Etwa, P.S.- Tandwa, District- Aurangabad ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Bhaskar Shankar, Advocate.

For the Opposite Parties:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-06-2019 The present petition has been filed for modification of the order dated 03.01.2019 passed in Cr. Misc. No. 64403 of 2018.

2. Learned counsel for the petitioner submits that the entire amount namely Rs. 26,10,246.25 along with interest was deposited albeit after a delay of about five days on 05.02.2019 but for which NOC was issued by the Bank on 26.02.2019. It is submitted that the delay of five days occurred owing to paucity of funds.

3. For the reasons stated above, the order dated 03.01.2019 is treated to be modified only to the extent that the

Patna High Court CR. MISC. No.29341 of 2019(2) dt.19-06-2019 2/2 period of "four weeks" stipulated in condition no. (i) of the order dated 03.01.2019 in Cr. Misc. No. 64403 of 2018 shall be read as "eight weeks".

4. The modification petition stands disposed. (Vikash Jain, J) Ibrar/BT U T