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Patna High CourtCR. MISC./52058/2017dismissed

Jitendra Prasad Yadav v. The State Of Bihar

2018-01-10Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52058 of 2017 ======================================================

1. Jitendra Prasad Yadav S/o Hussaini Yadav, R/o Village- Kamat, P.S.- Sherghaty, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Smt Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-01-2018 Heard learned counsel for the parties.

While granting anticipatory bail to this petitioner in connection with Sherghati P.S. Case No.414 of 2016, this Court had passed following operative order on 09.03.207 in Cr. Misc. No.3037 of 2017:

"Petitioner is ready to refund the loss amount of the rice which is to the tune of rupees twenty lacs and odd as referred in the F.I.R. Petitioner submits that he has already deposited rupees two lacs and would refund the remaining amount within six months.

Considering the aforesaid undertaking of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court-below within a period of thirty days from the date of receipt of the order, be released on provisional bail on furnishing bail bond of

Patna High Court Cr.Misc. No.52058 of 2017 (3) dt.10-01-2018 P2/ Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Sherghati, Gaya/Successor Court in connection with Sherghati Police Station Case No.414 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the condition that if the petitioner would refund the entire amount within six months, the Court-below shall confirm the bail of the petitioner, otherwise the Court below shall be at liberty to cancel the bail bond. The petitioner shall deposit rupees two lacs before furnishing the bail bond and produce proof of the deposit before the Court-below."

After the aforesaid order, this application for extension of time to deposit money is not maintainable before this Court. Accordingly, this application stands dismissed. (Birendra Kumar, J) Mkr./- U T