Patna High CourtCR. MISC./43663/2014disposed

Surendra Prasad v. State Of Bihar And ANR

2018-03-08Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43663 of 2014 Arising Out of PS. Case No.-93 Year-2013 Thana- BARH District- Patna ====================================================== Surendra Prasad S/o - Late Ram Chandra Saw R/o - Salempur, Gola Road, Barh, P.S. - Barh, Distt. - Patna.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Nikhil Poddar S/o Vinod Kumar Poddar, Proprietor Vinod Kumar & Brothers, 200 Jagannaghat Cross Road, South Kokkata.

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

For the Petitioner/s :

Mr. Prabhat Kumar singh For the Opposite Party/s :

Mr. S.N SHUKLA (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL JUDGMENT Date : 08-03-2018 Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner seeks modification of the order dated 08.07.2013, passed by 1st Additional Sessions Judge, Patna in B.P. No.193 of 2013.

3. Learned counsel for the petitioner submits that the petitioner was granted bail with one of the conditions that he was directed to deposit Rs.17,75,000/-, which alleged to have been misappropriated in the concerned Nazarat of the civil court but the said amount has not been deposited in fixed deposit account otherwise the petitioner will loose the interest on such huge amount, so seeks modification of the bail order and for that he moved before the court of learned 1st

Patna High Court Cr.Misc. No.43663 of 2014 dt.08-03-2018 2/2 Additional Sessions Judge, Patna but by order dated 04.09.2013, the said court sent the petition to the court of learned ACJM, Barh for the needful.

4. Having considered the rival submissions and on perusal of the record, it appears that the petitioner seeks modification of the bail order dated 08.07.2013 passed by learned Additional Sessions JudgeI, Barh in B.P. No.1931/2013 but by order dated 04.09.2013, it was sent to the court of learned ACJM, Barh which ought to have been disposed of by the court of 1st Additional Sessions Judge, Barh, so the quashing application before this Court is not maintainable. The petitioner may file a fresh application before the learned Additional Sessions Judge-I, Barh for modification of the bail order dated 08.07.2013 passed in B.P. No.1931/2013 and the same shall be disposed off with reasoned order in accordance with law.

5. With the aforesaid observation, the quashing application stands disposed of.

(Arun Kumar, J) S.KUMAR/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.04.2018 Transmission Date 18.04.2018