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Patna High CourtCR. MISC./46786/2019allowed

Gopal Kumar @ Gopal Kumar Jaiswal @ Gopal Jaiswal v. The State Of Bihar

2019-07-31Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46786 of 2019 In CRIMINAL MISCELLANEOUS No.76987 of 2018 Arising Out of PS. Case No.-264 Year-2018 Thana- SHASTRINAGAR District- Patna ====================================================== GOPAL KUMAR @ GOPAL KUMAR JAISWAL @ GOPAL JAISWAL, Son of Shyam Prasad Bhagat, Resident of Ward No. 12, Alam Nagar, Uttari Madhepura, P.S.- Alam Nagar, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 31-07-2019 This application has been filed for modification of order dated 21.12.2018 passed in Cr. Misc. No.76987 of 2018 by which petitioner has been granted provisional bail in connection with Shastri Nagar P.S. Case No.264 of 2018 to the satisfaction of the Sub Judge IV cum ACJM, Patna. By order dated 21.12.2018 passed in Cr. Misc. No.76987 of 2018, petitioner was granted provisional bail for three months. It was directed that in the event amicable settlement is arrived at between the parties, both the parties will file necessary petition in the Court below to this effect and the Court below will confirm the provisional bail of the petitioner. It is submitted that petitioner has filed petition in the

Patna High Court CR. MISC. No.46786 of 2019(2) dt.31-07-2019 2/2 Court below for amicable settlement, but informant is not appearing. The Court has also issued notice to the informant. Petitioner was present in the Court below on 12.03.2019, but the informant did not appear. Petitioner has enclosed Xerox copy of certified copy of the order(s) dated 07.01.2019, 28.02.2019, 22.02.2019 and 18.03.2019. Petitioner has filed necessary petition in the Court below for amicable settlement in compliance of direction of this Court. It has been mentioned in the aforesaid petition that he is ready to pay the dues.

In view of such, provisional bail granted to the petitioner by order dated 21.12.2018 passed in Cr. Misc. No.76987 of 2018 in connection with Shastri Nagar P.S. Case No.264 of 2018 to the satisfaction of the Sub Judge IV cum ACJM, Patna, is hereby confirmed.

The petitioner will remain on the same bail bond. This Modification Application is, accordingly, allowed.

(Sanjay Priya, J) J. Alam/- U T