Patna High CourtCR. MISC./41655/2022allowed

Dipak Tiwary v. The State Of Bihar

2022-08-24Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41655 of 2022 In CRIMINAL MISCELLANEOUS No.44312 of 2019 Arising Out of PS. Case No.-146 Year-2018 Thana- DARBHANGA GRP CASE DistrictDarbhanga ====================================================== DIPAK TIWARY Son of Late Sita Ram Tiwari, Resident of Village - Brahaman Tola, Garib Asthan, P.S.- Town, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-08-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. This application has been filed for modification of the order dated 23.07.2019 passed in Cr. Misc. No. 44312 of 2019. The learned counsel for the petitioner has submitted that the petitioner was granted regular bail, vide order dated 23.07.2019, in Cr. Misc. No. 44312 of 2019 in which one of the conditions was that the petitioner has to furnish security of bailors, who shall be close relatives of the petitioner. He has

Patna High Court CR. MISC. No.41655 of 2022(2) dt.24-08-2022 2/2 submitted further that the petitioner is an orphan and he has no relatives and he is still under custody despite the fact that he has been granted regular bail, vide order dated 23.07.2019, in Cr. Misc. No. 44312 of 2019.

Considering the above-mentioned facts and circumstances, the order dated 23.07.2019 is modified to the extent that the petitioner shall be released on his personal bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned 1st Additional District and Sessions Judge, Darbhanga in connection with Darbhanga Rail P.S. Case No. 146 of 2018 (G.O. Case No. 7 of 2018).

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T