Deo Muni Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54747 of 2021 In CRIMINAL MISCELLANEOUS No.15421 of 2020 Arising Out of PS. Case No.-777 Year-2016 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== DEO MUNI SINGH Son of Bechu Singh Resident of Village- Kohari, P.S.- Bhabua, District- Kaimur at Bhabua.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Subash Chandra Gupta S/O Jai Shankar Prasad R/O Village-Upari, P.SRamgarh, District-Kaimur At Bhabua. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shyam Bihari Singh For the Opposite Party/s :

Mr.Pramod Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-12-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The present application has been filed for modification of the order dated 16.09.2020 passed in Cr. Misc. No. 15421 of 2020 by which the petitioner was granted anticipatory bail with a condition to deposit Rs. 2 lakhs within two months from the date of receipt of the order, which was subject to the result of the case, in connection with Complaint

Patna High Court CR. MISC. No.54747 of 2021(2) dt.02-12-2021 2/3 Case No. 777C of 2016 to the satisfaction of learned A.C.J.M. -VI, Kaimur and the petitioner was directed to surrender in the Court below within a period of four weeks.

Learned counsel for the petitioner submits that said amount was deposited in the Court below beyond the stipulated period of two months which is evident from Annexure-2. Since the amount in question was deposited in pursuance of the above referred order beyond the period of two months, his bail bonds were not accepted. In the present application, the petitioner has prayed that since the amount has already been deposited, the bail bonds of the petitioner may be accepted. It is further prayed on behalf of the learned counsel for the petitioner that further time may be extended so that the petitioner could surrender in the Court below.

Considering the fact that since in compliance of the order dated 16.09.2020 passed in Cr. Misc. No. 15421 of 2020, the amount in question i.e. Rs. 2 lakhs, has already been deposited in the Court below, the Court below is directed to comply with the order dated 16.09.2020 and release the petitioner on anticipatory bail in connection with Complaint Case No. 777C of 2016 to the satisfaction of learned A.C.J.M. -VI, Kaimur. The period of surrender of the petitioner in the

Patna High Court CR. MISC. No.54747 of 2021(2) dt.02-12-2021 3/3 Court below is extended for a further period of eight weeks from the date of receipt/production of a copy of this order. The rest of the conditions stipulated in the order will be same. The order dated 16.09.2020 passed in Cr. Misc. No. 15421 of 2020 is modified to the extent as indicated above. The modification application is, accordingly, allowed. (Sudhir Singh, J) Pankaj/- U T