Patna High CourtCR. MISC./2950/2017dismissed

Ramesh Kumar Singh And ORS v. State Of Bihar And ANR

2017-04-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2950 of 2017 ======================================================

1. Ramesh Kumar Singh @ Ramesh Singh,

2. Rajesh Kumar Singh,

3. Bablu Kumar Singh All are sons of Rajmangal Singh, Resident of village- Delua, P.S.- Paru, District- Muzafarpur .... .... Petitioners

Versus

1. The State of Bihar

2. Saket Kumar, S/o Sri Navin Kumar Chaudhary, R/o Village- Marwa, P.S.- Bihpur Jhandapur, District- Bhagalpur .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Gajendra Kumar Singh, Advocate.

For the Opposite Parties : Mr. B.N. Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-04-2017 Heard both sides.

The petitioners filed this petition for modification of the order dated 05.12.2016 by which the petitioners were granted anticipatory bail on their undertaking that they were ready to return the entire amount to the informant by 30.12.2016. Learned counsel for the petitioners submits that the petitioners did not surrender in the court below in pursuance of the order aforesaid, because on account of demonetization the petitioner could not be able to deposit Rs. 10 lakhs in the account of the informant.

It appears that the petitioners, themselves, undertook to deposit Rs. 10 lakhs in the account of the informant by 30.12.2016

Patna High Court Cr.Misc. No.2950 of 2017 (3) dt.19-04-2017 2/2 and on such the order dated 05.12.2016 was passed granting anticipatory bail to the petitioner. Due to demonetization, the petitioners could not deposit the amount but, the petitioners did not brought this fact to the notice of the court and they did not surrender in the court below on their own.

Considering the facts aforesaid, I do not find any ground to modify the order dated 05.12.2016. Accordingly, the modification petition is dismissed.

If the petitioners have already deposited the entire amount in the account of the informant and the petitioners surrenders in the court below, the court below shall consider the prayer for regular bail of the petitioners taking into consideration that the petitioners have already deposited the entire amount in the account of the informant.

(Prabhat Kumar Jha, J.) KKSINHA/- U T