Raj Narayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53338 of 2023 In CRIMINAL MISCELLANEOUS No.71207 of 2021 Arising Out of PS. Case No.-321 Year-2021 Thana- BUXAR MUFFSIL District- Buxar ====================================================== RAJ NARAYAN SINGH, SON OF LATE SHEO PRASAD SINGH, RESIDENT OF VILLAGE - BECHANPURAWA, P.S. - BUXAR (MUFFASIL), DISTRICT - BUXAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Parwej Khan, Advocate For the State :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 01-09-2023 1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

Vide earlier order dated 18-01-2023 passed in Cr. Misc. No. 71207 of 2021, provisional bail was granted to the petitioner till 17-07-2023. The order was passed on submission made by the learned counsel for the petitioner that petitioner was agreeable to make payment of Rs. 18 Lakhs, forming the substance of the dispute between the parties. The petitioner sought six months time for discharging this admitted liability. 3.

Since, the learned counsel for the informant was appearing, a joint submission was made to the effect that joint petition indicating amicable settlement would be filed within a

Patna High Court CR. MISC. No.53338 of 2023(2) dt.01-09-2023 2/2 period of six months i.e., by 17-07-2023.

4.

The period of provisional bail lapsed on 17-072023. The present modification application has been filed after lapse of the period of provisional bail, that also without ensuring compliance with the assurance on behalf of the petitioner, recorded in the order dated 18-01-2023, based on which provisional bail was allowed. This Court, in the circumstances, is not inclined to modify the order dated 18-01-2023 5.

The petitioner, however, would be at liberty to renew his prayer for bail upon his surrender in the Court below. 6.

If the same is done, the Court below shall proceed to consider the petitioner's prayer upon its own merit, and the present order shall not come in the way of such consideration. (Madhuresh Prasad, J) Shashank/ Raj Kishore/- U T