Dilip Kumar Pandey @ Dilip Kumar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41429 of 2023 In CRIMINAL MISCELLANEOUS No.72501 of 2021 Arising Out of PS. Case No.-50 Year-2018 Thana- TILAUTHU District- Rohtas ====================================================== Dilip Kumar Pandey @ Dilip Kumar Dubey Son Of Late Shyam Nand Dubey, Resident Of Village - Bhadokhara, P.S.- Tilauthu, Distt.- Rohtas ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The State Of Bihar Through District Manager, State Good And Civil Supply Co., Kaimur At Bhabhua ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shri Prakash Tiwari, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-07-2023 Learned counsel for the petitioner and learned counsel for the State are present.

2. The present application has been filed for modification of the order dated 17.10.2022 passed in Cr. Misc. No. 72501 of 2021.

3. Learned counsel for the petitioner submits that this Court has directed the petitioner to deposit the amount of alleged defalcation Rs.13,72,400/- within 6 months and produced before the court so that the provisional bail granted to him may be confirmed. Counsel further submits that the petitioner has complied the order dated 17.10.2022 passed in Cr. Misc. No. 72501 of 2021 but after lapse of 11 days, as such he

Patna High Court CR. MISC. No.41429 of 2023(2) dt.05-07-2023 2/2 need modification that his period of 6 months has already lapsed on 17.04.2022 and there is delay of about 11 days.

4. Learned counsel for the State appeared and submits that payment of defalcated amount has been deposited, as it transpires from the statement made in the present Criminal Miscellaneous petition.

5. In this background, the order dated 17.10.2022 passed in Cr. Misc. No. 72501 of 2021 is hereby extended and payment of amount after delay of 11 days is hereby condone. The trial Court is directed to pass the order about confirmation of the bail bond exempting the delay of 11 days in this matter.

6. With this direction, the present Cr. Misc. is allowed. (Dr. Anshuman, J.) ravishankar/- U T