Jay Prakash Sah v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.966 of 2016 ====================================================== Jay Prakash Sah son of Thakur Sah, resident of Village- Baghani Kala, Police Station- Mohania, District- Kaimur (Bhabhua). .... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Bihar State Food Corporation.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pancham Lal Jaiswal For the Opposite Party/s : Mr. Shakir Ahmad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 20-01-2016 Heard counsel for the petitioner and the Corporation. The application seeks modification in the order dated 09.07.2015 passed in Cr. Misc. No. 25822 of 2015 by extending the time for deposit of the 2nd instalment. On a consideration of the facts of the case, the petitioner was granted the privilege of anticipatory bail subject to the condition that at the time of furnishing the bail bonds, he shall deposit 15% of the misappropriated amount. It is stated that the said amount has been deposited. The petitioner was required to deposit 10 % of the defalcated amount within six months therefrom. It is stated that owing to illness of the petitioner and the fact that the rice was not accepted in the market, he could not deposit the next instalment. It is further stated that the application
Patna High Court Cr.Misc. No.966 of 2016 (2) dt.20-01-2016 2/2 has been preferred before expiration of time of six months granted under order dated 09.07.2015.
Having heard the parties, the application is allowed. The time granted under order dated 09.07.2015 for depositing the 2nd instalment i.e. 10% of the misappropriate amount is extended to 09 months.
The order dated 09.07.2015 passed in Cr. Misc. No.25822 of 2015 in connection with Mohania P.S. Case No. 146 of 2015 pending in the court of Chief Judicial Magistrate, Kaimur (Bhabua), is modified to the extent indicated above. (Kishore Kumar Mandal, J) HR/- U T