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Patna High CourtCR. MISC./40957/2023allowed

Chandeshwar Kumar @ Chandeshwar Rai v. The State Of Bihar

2023-07-19Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40957 of 2023 In CRIMINAL MISCELLANEOUS No.74452 of 2022 Arising Out of PS. Case No.-394 Year-2021 Thana- PAROO District- Muzaffarpur ====================================================== Chandeshwar Kumar @ Chandeshwar Rai Son of Dhodha Rai Resident of Village- Bahdinpur, PS- Paroo, District- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Bela Singh, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-07-2023 Heard Mrs. Bela Singh, learned counsel for the petitioner and the State.

Earlier the bail application was allowed on 03.02.2023 vide Cr. Misc. No. 74452 of 2022.

Now, a modification petition has filed stating that although an undertaking was given, the petitioner is able to pay only Rs. 10,000/- to the Patna High Court Legal Services Committee and as such the necessary modification be made. Considering the aforesaid facts, the order is modified to the following extent:

'Learned counsel for the petitioner submits that petitioner was not at all present at the place of occurrence, rather he is an agriculturist and without any specific source

Patna High Court CR. MISC. No.40957 of 2023(3) dt.19-07-2023 2/2 of identification, the Investigating Officer named the petitioner. Further, submission is that several persons were involved in the occurrence but the name of the accused person have came on the basis of confessional statement. Further submission is that irrespective of the outcome of the present petition, the petitioner intends to deposit Rs.10,000/- to the Patna High Court Legal Services Committee through Demand Draft issued by the local State Bank of India branch.'

In view of the fact that there has been delay in the process, further four weeks time is granted to the petitioner to surrender before the concerned Court,.

The modification petition stands allowed.

(Rajiv Roy, J) kiran/- U T