Dinesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34850 of 2025 In CRIMINAL MISCELLANEOUS No.19903 of 2024 Arising Out of PS. Case No.-539 Year-2023 Thana- RAXAUL District- East Champaran ====================================================== 1.

Dinesh Prasad S/O Nagendra Prasad R/O- Mohalla- Bank Road, P.SRaxual, Distt- East Champaran 2.

Harsh Kumar S/O Dinesh Prasad R/O- Mohalla- Bank Road, P.S- Raxual, Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Ranjan- Advocate For the State :

Mr. Nand Kishore Prasad- A.P.P.

For the Informant :

Mr. Rajiv Prashant- Advocate Mr. Kundan Rathore- Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-06-2025

1. Heard learned counsel for the petitioners, learned APP for the State and the learned counsel appearing on behalf of the informant.

2. The learned counsel appearing on behalf of the petitioners submits that the dispute in between the petitioners and the informant was with respect to money. The informant was father of the petitioner no.1. It is next submitted that petitioners had moved this Court seeking anticipatory bail by filing Cr. Misc. No.19903 of 2024 and the same was allowed by an order dated 13.09.2024 as the petitioners had agreed to return an amount of Rs.17,50,000/- to the informant, who was father of

Patna High Court CR. MISC. No.34850 of 2025(2) dt.20-06-2025 2/2 petitioner no.1 and grandfather of petitioner no.2.

3. It is next submitted that the petitioners had agreed to repay the amount by 20.06.2025. It is also submitted that petitioners had paid an amount of Rs. One Lac to the informant till 28.04.2025. It is further submitted that informant was not aggrieved by the act of the petitioners as they were slow in returning the amount, but then, submits that informant died on 29.04.2025, as such, the condition of repaying the amount does not survive. It is also submitted that the modification application was filed only to bring this fact to the notice. The petitioners after making his submission seek permission to withdraw the present modification application.

4. Permission is accorded.

5. Accordingly, instant modification application is dismissed as withdrawn.

(Satyavrat Verma, J) vikash/- U T