Patna High CourtCR. MISC./59981/2017dismissed

Nirmod Kumar @ Nirmed Kumar v. The State Of Bihar

2018-04-18Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59981 of 2017 In Criminal Miscellaneous No.13529 of 2017 Arising Out of PS. Case No.- Year- Thana- District- Gaya ====================================================== Nirmod Kumar @ Nirmed Kumar S/o Sri Amrik Singh @ Amirak Singh, R/o Village- Fatehpur, P.S.- Fatehpur, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No 13, Adv.

Mr. Rohit Kumar, Adv.

For the Opposite Party/s :

Mr. Madhuranand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-04-2018 This application has been filed for modification of order dated 15.05.2017 passed in Criminal Miscellaneous No. 13529 of 2017.

Learned counsel appearing on behalf of petitioner submits that the petitioner was allowed provisional bail vide order dated 15.05.2017 passed in Criminal Miscellaneous No. 13529 of 2017 on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, in connection with Fatehpur P.S. Case No. 214 of 2016, subject to conditions as laid down under Section 438 (2) of the Cr.P.C. along with further condition that the provisional bail of the petitioner will be confirmed on

Patna High Court Cr.Misc. No.59981 of 2017(4) dt.18-04-2018 2/2 submission of the receipt of deposit of 20% of the remaining amount to the B.S.F.C. within five months, failing which the trial court will be at liberty to cancel his provisional bail. Further submission is that due to some unavoidable circumstances, the petitioner could not deposit 20% of remaining amount within five months.

Having regard to the facts and circumstances of the case, I do not find any reason to modify the order dated 15.05.2017 passed in Criminal Miscellaneous No. 13529 of 2017. Accordingly, the application filed on behalf of the petitioner for modification of the aforesaid order is dismissed. Let a copy of this order be sent to the Court concerned.

(Rajendra Kumar Mishra, J) manish/- U T