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Patna High CourtCR. MISC./21444/2015disposed

Bhuwan Yadav @ Bhuban Yadav v. The State Of Bihar

2015-07-06Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21444 of 2015 Arising Out of PS.Case No. -323 Year- 2012 Thana -DALSINGHSARAI District- PURNIA ======================================================

1. Bhuwan Yadav @ Bhuban Yadav S/o Upendra Rai @ Upendra Yadav R/o vill. - Suroli, P.S. Bhagwanpur, Distt. - Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Kumar Pandey For the Opposite Party/s : Mr. Mukesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-07-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. It would appear from perusal of the impugned order that petitioner agreed before the learned Session Judge to make payment of Rs. 37,281/- and on the aforesaid assurance the learned Session Judge granted privilege of anticipatory bail to the petitioner but before this Court learned counsel for the petitioner takes stand that nothing was due and the learned counsel for the petitioner inadvertently made the above stated assurance before learned Sessions Judge.

In my view, once petitioner assured before the Session Judge to deposit of Rs. 37,281/-, now he cannot deviate from the aforesaid promise.

Patna High Court Cr.Misc. No.21444 of 2015 (2) dt.06-07-2015 2/2 Accordingly, this petition stands disposed of with direction to the petitioner to surrender before the court of learned Chief Judicial Magistrate, Samastipur within six weeks from today, and if petitioner does so and deposit Rs. 37, 281/- as per direction of learned Session Judge, the learned court below/ concerned court shall pass appropriate order in the light of order dated 27.02.2015 passed by the learned Session Judge, Samastipur in A.B.P.No.308 of 2015.

(Hemant Kumar Srivastava, J) Namita/- U T