Patna High CourtCR. MISC./49241/2016disposed

Binod Kumar Singh v. State Of Bihar And ANR

2016-12-07Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.49241 of 2016 (2) dt.07-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49241 of 2016 ====================================================== Binod Kumar Singh, son of Sri Raj Nath Singh, R/o Village - Bijra, P.S. - Saba Karamchand, District - Kaimur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The State Food and Civil Supply Corporation through its District Manager Kaimur at Bhabhua.

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

For the Petitioner/s : Mr. Sanjay Kumar Tiwary For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-12-2016 This application has been filed on behalf of the petitioner for modification in the order dated 20.08.2016 passed in Criminal Misc. No. 33089 of 2016 by this court with regard to extend the time of provisional anticipatory bail for depositing the 50% of Rs. 23,70,242.31/-.

Learned counsel for the petitioner submits that by the order dated 20.08.2016 passed in Criminal Misc. No. 33089 of 2016, the petitioner was directed to be released on provisional bail for three months, in the event of arrest or surrender before the learned court below within a period of six weeks from that day, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief

Patna High Court Cr.Misc. No.49241 of 2016 (2) dt.07-12-2016 Judicial Magistrate, Kaimur at Bhabua, in connection with Karamchat P.S. Case No. 39 of 2016, subject to the condition as laid down under Section 438(2) Cr.P.C. If the petitioner submits the receipt regarding deposing of 50% of Rs.23,70,242.31/- within three months in favour of Bihar State Food and Civil Supplies Corporation Ltd., Patna, the provisional anticipatory bail of the petitioner shall be confirmed by the court below, failing which the court shall cancel the bail bond of the petitioner but due to suffering from typhoid petitioner could not deposit 50% of Rs. 23,70,242.31/- within the fixed period of the said order and he seeks further two months time to deposit the 50% of aforesaid money.

Considering the submission of the learned counsel for the petitioner, the period for depositing the 50% of Rs. 23,70,242.31/- is extended for two months from today and this applications is, accordingly, allowed with the aforesaid modification in the order dated 20.08.2016 passed in Criminal Misc. No. 33089 of 2016.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T