Patna High CourtCR. MISC./40695/2021dismissed

Alok Kumar v. The State Of Bihar

2021-07-28Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.40695 of 2021 In CRIMINAL MISCELLANEOUS No.25504 of 2020 Arising Out of PS. Case No.-147 Year-2019 Thana- SHEOHAR District- Sheohar ====================================================== ALOK KUMAR S/O SRI ASHOK JAISWAL @ ASHOK RAUT R/O VILLAGE-SHYAMPUR, P.S-SHYAMPUR, DISTRICT-SHEOHAR. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Murari, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-07-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and learned A.P.P. for the State.

This application has been filed seeking modification of the order dated 09.11.2020 passed in Cr. Misc. No. 25504 of 2020.

This Court had while granting bail to the petitioner vide order dated 09.11.2020 taken on record the statement of learned counsel for the petitioner who had made offer before this Court to deposit Rs. 10 lakhs in the learned court below

Patna High Court CR. MISC. No.40695 of 2021(2) dt.28-07-2021 2/2 subject to result of the case and without prejudice to his contentions. Believing the offer made by the learned counsel for the petitioner, this Court had directed release of the petitioner on such conditions.

It appears that now the petitioner wants to change his stand and is looking for payment of Rs. 10 lakhs in some installments. In the opinion of this Court any change of condition based on which this Court had exercised it's discretion to grant bail to the petitioner would amount to reviewing it's own order which is impermissible.

The application lacks bonafide and is thus dismissed. (Rajeev Ranjan Prasad, J) Rishi/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.