Pawan Kumar Pashwan @ Pawan Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.76596 of 2018 In Criminal Miscellaneous No.11941 of 2018 Arising Out of PS. Case No.- Year- Thana- District- ====================================================== Pawan Kumar Pashwan @ Pawan Kumar Paswan Son of Rameshwar Paswan @ Rameshvar Ram, Resident of Village-Bhopatpur, P.S. Barun, District-Aurangabad.
... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Sanjay Kumar, Advocate.
For the Opposite Party:
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 30-01-2019 The present petition has been filed for modification of the order dated 06.03.2018 passed in Cr. Misc. No. 11941 of 2018 whereby, one of the conditions for grant of bail to the petitioner was as follows - "(ii) That the petitioner shall pay an amount of Rs. 50,000/- (Rupees fifty thousand) to the informant before his bail bond is accepted. As regards the remaining Rs. 4.87 lacs, an amount of Rs. 1,50,000/- each shall be paid by 30.04.2018 and 31.05.2018, and the balance amount by 30.06.2018. Such payment shall abide by the final result of the trial."
2. Learned counsel for the petitioner submits that owing to ill health he was unemployed at that time and was unable to make payment in compliance of the condition for grant
Patna High Court Cr.Misc. No.76596 of 2018(2) dt.30-01-2019 2/2 of bail.
3. This Court however takes note that it was further made a condition in the said order granting bail that failure to make payment in accordance with the instalments as stipulated would result in automatic cancellation of provisional bail.
4. In the above circumstances, the provisional bail already stands cancelled in view of default in payment of the instalment, and as such there is no occasion for modification of the order dated 06.03.2018 as sought.
5. The modification petition stands dismissed. (Vikash Jain, J) Ibrar/BT U T