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Patna High CourtCR. MISC./24961/2022dismissed

Manoj Kumar Rai v. The State Of Bihar

2022-07-27Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24961 of 2022 In CRIMINAL MISCELLANEOUS No.32927 of 2021 Arising Out of PS. Case No.-202 Year-2020 Thana- DALSINGHSARAI District- Samastipur ====================================================== 1.

MANOJ KUMAR RAI Son of Upendra Rai, Resident of Village - and P.s.- Mohiuddinagar, Distt.- Samastipur.

2.

Ranoj Rai Son of Upendra Rai, Resident of Village - and P.s.- Mohiuddinagar, Distt.- Samastipur.

3.

Upendra Rai Son of Late Bhago Rai, Resident of Village - and P.s.- Mohiuddinagar, Distt.- Samastipur.

4.

Sushila Devi W/o Upendra Rai, Resident of Village - and P.s.- Mohiuddinagar, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Bhushan Kumar For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-07-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioners as well as the learned counsel for the opposite party (informant). The petitioner was granted anticipatory bail, vide order dated 02.02.2022, on the basis of his consent to execute the sale deed after payment of the remaining amount in his favour. After granting anticipatory bail to the petitioner, this

Patna High Court CR. MISC. No.24961 of 2022(3) dt.27-07-2022 2/2 Court observed that "the court below shall be at liberty to pass appropriate order in case it was brought to the notice of the learned court below that any of the parties has retracted from its assurance given at the time of hearing of the present anticipatory bail petition".

The learned counsel for the petitioner submits that the petitioner is not ready to execute the sale deed on the basis whereof the order was passed.

Considering the above-mentioned facts and circumstances, the modification petition filed as Cr. Misc. No.24961 of 2022 is dismissed.

Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T