Satish Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26867 of 2019 In CRIMINAL MISCELLANEOUS No.1540 of 2019 Arising Out of PS. Case No.-5008 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Satish Singh Son of Late Prakash Singh Resident of Prakash Nagar, Naya Tola, Phulwarisharif, P.S.- Phulwarisharif, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anand Dwelling Pvt. Ltd. Having its registered office at 2nd Floor, Grand Apartment, Dak Banglow Road, Patna through its Managing Director Mr. Manish Anand aged about 39 years son of late Hemant Kumar Jha, R/o Anand villa, opposit Udaigiri Apartment, Budha Marg, P.S.- Kotwali, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-05-2019 This modification application has been filed for modification of order dated 28.02.2019. It appears vide order dated 28.02.2019 passed in Cr. Misc. No. 1540 of 2019 following order has been passed:- "In such view of the matter, let petitioner surrender within a period of six weeks from the date of receipt of a copy of this order with first installment of Rs. 29 lacs by bank draft in the name of O.P. No. 2. Thereafter, the court below shall release the petitioner on provisional bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Patna in

Patna High Court CR. MISC. No.26867 of 2019(2) dt.01-05-2019 2/2 connection with Complaint Case No. 5008C of 2017; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973, for a period of five months during which period he shall have to pay rest amount on two equal installments. Once, rest amount is paid within the period of five months, his provisional bail shall be confirmed, otherwise provisional bail bond shall be liable to be cancelled."

As petitioner suffers from heart disease, therefore, he could not deposit the first installment of Rs.29 lacs, but he is ready to pay the same, if some time is granted to him. Heard learned A.P.P. as well as learned counsel for the opposite party no.2.

Having heard both sides, in view of the facts and circumstances of the case as stated above, petitioner is directed to deposit first installment of Rs. 29 lacs within a period of 15 days from the receipt of this order and rest of the amount, he will pay within a period of five months on two equal installments. It is also made clear that no further modification will be made in the order. Accordingly, this modification application is disposed of.

(Vinod Kumar Sinha, J) Amjad/SKSuman.

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