Patna High CourtCR. MISC./15393/2016dismissed

Dipak Kumar Singh @ Sanjay Kumar Singh v. The State Of Bihar

2016-07-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 15393 of 2016 =================================================== Dipak Kumar Singh @ Sanjay Kumar Singh S/o Rangila Singh, Resident of VillageTenduni, Police StationBikramganj, District- Rohtas (Sasaram). .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s : Mr. Rajiva Ranjan, Adv. For the Opposite Party/s: Ms. Sharda Kumari (APP) =================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02.

18.07.2016 The instant modification application has been filed for modification of the order dated 04.03.2015 passed in Cr. Misc. No. 1979 of 2015.

The petitioner was granted interim bail subject to confirmation with certain conditions vide Cr. Misc. No. 1979 of 2015 dated 04.03.2015. The interim bail was granted for a period of five months with a direction to deposit an amount of Rs. 4,00,000/- (Four Lacs) in different installments. On the deposit of the said amount the interim bail would be confirmed by the Court below itself otherwise the interim bail granted to the petitioner would stand cancelled. The present application under Section 482 Cr.P.C. has been filed for modification of the said order as the petitioner has deposited the said amount of Rs. 4,00,000/- (Four Lacs).

It has been submitted on behalf of the Informant

Patna High Court Cr.Misc. No.15393 of 2016 (2) dt.18-07-2016 that the said amount has not been deposited within the stipulated period and, therefore, the interim bail granted to the petitioner has been cancelled by the Court below and process has been issued against him. Since the interim bail granted to the petitioner stood cancelled as per the direction made by the Court vide its order dated 04.03.2015 passed in Cr. Misc. No. 1979 of 2015, this Court do not find it appropriate to allow the present modification application. The same stands dismissed. Anyhow, if the petitioner surrenders in the Court below the learned Court below shall take into account that the disputed amount has already been deposited by the petitioner and dispose of the bail application of the petitioner on the same day.

Let this order be e-mailed to the Sub-divisional Judicial Magistrate, Bikramganj, Rohtas in connection with Bikramganj P.S. Case No. 150 of 2014.

Vikash/- (Sudhir Singh, J.) U T