Patna High CourtCR. REV./54/2021disposed

Md. Aishan @ Md.Ehshan v. The State Of Bihar

2021-11-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.54 of 2021 Arising Out of PS. Case No.-76 Year-2017 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== MD. AISHAN @ MD.EHSHAN Son of Late Md. Mahfooj Khan Resident of Village- Purbi Gharari, Madararsha Tola, P.S.- Kharik, Distt- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Chandra For the Respondent/s :

Mrs. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

The present revision application has been filed for setting aside the order dated 16.09.2020 passed in Anticipatory Bail Application No.1340/2020 (arising out of Complaint Case No.76/17) by the learned Sessions Judge, Bhagalpur. It appears that earlier on 24.05.2018, the anticipatory bail application of the petitioner was allowed by the learned Court below but no bail bond was ever filed on behalf of the petitioner. In the order dated 24.05.2018, it is mentioned that the petitioner is ready to give Rs.1,23,039/- It also transpires that after lapse of about two years and three months, when processes have been issued against the petitioner then the petitioner woke

Patna High Court CR. REV. No.54 of 2021(3) dt.24-11-2021 2/2 up from his deep slumber.

Learned counsel for the petitioner very fairly submits that the petitioner is now ready to pay the aforesaid amount i.e. Rs.1,23,039/- in four equal installments.

On the undertaking given by learned counsel for the petitioner, this revision application is disposed of with a direction to the petitioner that he will pay the aforesaid amount in four equal installments to the complainant, Umesh Kumar Sah. The first installment will be paid by him on 31st of December, 2021 and thereafter on 31st January, 2022 and so on. Meanwhile, after payment of first installment, the learned court below is directed to accept the bail bond of the petitioner. If the petitioner fails to pay all the installments, the learned court below would be at liberty to cancel the bail bonds of the petitioner and issue non-bailable warrants against him. (Anjani Kumar Sharan, J) Trivedi/- U T