Patna High CourtCR. MISC./42754/2019disposed

Shiv Shankar Singh v. The State Of Bihar

2020-07-01Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42754 of 2019 In CRIMINAL MISCELLANEOUS No.67456 of 2018 Arising Out of PS. Case No.-224 Year-2018 Thana- UDWANTNAGAR District- Bhojpur ====================================================== SHIV SHANKAR SINGH Son of Late Jairam Singh Resident of VillageKharauni, Sekhwan, P.S.- Udwant Nagar, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kameshwar Singh For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 01-07-2020 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.

This petition has been filed for extension of time to deposit Rs. 3,99,942/- in the light of the order dated 4.12.2018 passed in Cr. Misc. No. 67456/2018 .

The learned court below, vide his letter No. 53 of 2020 dated 4.3.2020, has reported that the petitioner did not deposit the aforesaid amount within the period as fixed by this Court vide order dated 4.12.2018 passed in Cr. Misc. No. 67456/2018. However, on 15.7.2019, 19.2.2020 and 4.3.2020, by three separate demand drafts, he deposited total amount of Rs. 85,000/-. Learned counsel appearing for petitioner submits

Patna High Court CR. MISC. No.42754 of 2019(3) dt.01-07-2020 2/2 that as per his information, after 4.3.2020, the petitioner has deposited the entire amount of Rs, 3,99,942/-. In view of the aforesaid facts and circumstances, this modification petition stands disposed of with direction to the court below to verify the aforesaid submission of learned counsel of the petitioner and if his submission is found correct, then the time granted by this Court vide order dated 4.12.2018 passed in Cr. Misc. No. 67456/2018 to the petitioner for depositing the amount in question shall be deemed to be extended but if the submission is found incorrect, then in that circumstance, the order dated 4.12.2018 passed in Cr. Misc. No. 67456/2018 shall not be deemed as modified and shall remain in force and, furthermore, the petitioner shall not be permitted to deposit the amount in question.

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