Patna High CourtCR. MISC./44143/2024allowed

Kameshwar Singh v. The State Of Bihar

2024-07-19Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44143 of 2024 In CRIMINAL MISCELLANEOUS No.38688 of 2023 Arising Out of PS. Case No.-234 Year-2022 Thana- SASARAM NAGAR District- Rohtas ====================================================== KAMESHWAR SINGH SON OF LATE RAM NARESH SINGH RESIDENT OF VILLAGE - BALATHUA, P.S. - SASARAM, DISTRICT - ROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Prakash Singh,Adv.

For the Opposite Party/s :

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-07-2024

1. Heard Mr. Jay Prakash Singh, learned counsel for the petitioner and Mr. Prem Kumar Jha, learned APP for the State.

2. The instant modification petition has been filed with a prayer to change the condition imposed upon the petitioner in the order dated 28.04.2023 passed by this court in Cr. Misc. No. 16158 of 2023 by which the petitioner was granted relief of bail on the condition of depositing Rs. 5,18,416/- in equal installments after the gap of every month in the next two years from the date of that order.

3. It is submitted by learned counsel for the petitioner that petitioner has deposited Rs. 2,15,000/- on different dates and only Rs. 3,03, 416/- remains due on his part which is to be

Patna High Court CR. MISC. No.44143 of 2024(2) dt.19-07-2024 2/2 deposited by him as per the terms of order dated 28.04.2023 but the petitioner is not able to deposit the said amount in equal installments in the gap of every month as per direction of this court because his livelihood depends upon agricultural income and his income varies in every month.

4. Considering the above submissions as well as prayer made by the petitioner in the present petition, the condition imposed upon the petitioner in the order dated 28.04.2023 is hereby modified to this extent that the petitioner shall deposit the remaining amount of Rs. 3,03,416/- in the next one year from today.

5. Hence, modification petition stands disposed of. (Shailendra Singh, J) Siddharthkr/- BKS U T