Patna High CourtCR. MISC./46470/2018allowed

Ajay Kumar Jha v. State Of Bihar And ANR

2018-10-31Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46470 of 2018 ======================================================

1. Ajay Kumar Jha, Son of Late Raghav Jha, Proprietor of M/S New Shakti Traders, Nala Road, Patna- 04, resident of village- Adarsh Colony Road No.-1, Khemni Chak, P.S.- Ram Krishna Nagar, DistrictPatna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Abhishek Kumar, S/o Brij Kumar Tiwary, Territory Manager at G.K.B.RX.LENS. PVT. LTD. B.P. Complex, Rajendra Path, Kadam Kuan, Patna-16.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kunwar Ajit Singh, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 31-10-2018 This application has been filed for modification of the order dated 28.02.2018 passed in Cr. Misc. No.44084 of 2017 by which petitioner has been granted provisional anticipatory bail in connection with Complaint Case No.2974 of 2016 to the satisfaction of Judicial Magistrate, 1st class, Patna with certain conditions.

Counsel for the petitioner submits that in compliance of the aforesaid order he has made payment of five installments of rupees one lac. Thereafter, due to bad financial condition he has made payment of rupees fifty thousand in each installment.

Notice was issued to the Opposite Party No.2, but

Patna High Court Cr.Misc. No.46470 of 2018 (3) dt.31-10-2018 2/2 none appears on behalf of the Opposite Party No.2. Counsel for the petitioner submits that he will continue to make payment of remaining amount as mentioned in order dated 28.02.2018 in the installment of rupees fifty thousand per month.

In view of such, the order dated 28.02.2018 passed in Cr. Misc. No.44084 of 2017 is modified, accordingly, and the petitioner will make payment of the remaining amount in the installment of rupees fifty thousand per month. After making payment of entire amount, provisional bail of the petitioner will be confirmed.

It is made clear that in the event petitioner defaults in making payment of single installment, his bail bond will liable to be cancelled.

This Modification Application is, accordingly, allowed.

(Sanjay Priya, J) JA/- U T