Dhirendra Kumar @ Dhirendra Prasad @ Dhiraj v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37530 of 2015 Arising Out of PS.Case No. -21 Year- 2010 Thana -CHANAN District- LAKHISARAI ====================================================== Dhirendra Kumar @ Dhirendra Prasad @ Dhiraj son of Ramlal Prasad, Resident of Village - Sangrampur, P.S. - Chanan, District - Lakhisarai. .... .... Petitioner.

Versus

1. The State of Bihar.

2. Dezi Kumari wife of Dhirendra Kumar @ Dhirendra Prasad @ Dhiraj, D/o Late Mohan Mahto, Resident of Village - More, Police Station - Mokama, District - Lakhisarai.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Rabi Bhushan, Advocate For the Opposite Parties : Mr. Ashraf Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 15-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

By way of invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, the petitioner seeks quashing of the order dated 01.08.2014 passed by the learned Sub Divisional Judicial Magistrate, Lakhisarai in connection with G.R. Case No. 509 of 2010, arising out of Chanan P.S. Case No. 21 of 2010 by which his bail bonds have been cancelled.

It is submitted that the bail bonds of the petitioner were cancelled by the court below due to breach of condition of

Patna High Court Cr.Misc. No.37530 of 2015 (2) dt.15-07-2016 2/2 bail imposed by this Court. It is further submitted that though the petitioner has complied with the order of the Court, there occurred some delay in complying with the conditions imposed for grant of bail.

Having heard learned counsel for the parties and perused the impugned order dated 01.08.2014, I set aside the same to the extent whereby the bail bonds of the petitioner have been cancelled subject to the following conditions; (i) that the petitioner would appear before the Court below on or before 1st August, 2016; (ii) that the petitioner would deposit the entire due amount by way of demand draft in the name of opposite party no.2 in the court; and (iii) that the petitioner would make regular payment in future as ordered by this Court on 21.09.2010 in Cr. Misc. No. 30823 of 2010.

It is made clear that failure to fulfill any of the conditions mentioned herein above would be deemed to be a ground for cancellation of bail in future.

With the aforesaid observation the application is disposed of.

(Ashwani Kumar Singh, J.) ravi/- U T