Uma Shankar Chaubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29891 of 2016 ====================================================== Uma Shankar Chaubey, M/s Vinayak Mini Rice Mill, Sultanpur, Son of Late Yamuna Chaubey, resident of village - Sultanpur, P.S. Ramgarh, District - Kaimur.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Rajesh Kumar Mishra, Advocate. For the State : Mr. Ram Sevak Choudhary, A.P.P. For the B.S.F.C. : Mr. Aditya Prakash Sahay, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-02-2017 Heard learned counsels for the petitioner, State and learned counsel for the B.S.F.C.

The petitioner was granted provisional anticipatory bail vide order dated 20.07.2015, passed in Cr. Misc. No. 26387 of 2015 on the submissions/undertaking of learned counsel for the petitioner that the petitioner is ready to deposit 20% of Rs. 59,62,754.69.00. The provisional anticipatory bail of the petitioner was to be confirmed by the learned court below only after deposit of the said amount with Bihar State Food & Civil Supplies Corporation within a period of ten months.

The present modification application has been filed on behalf of the petitioner seeking modification in the earlier provisional anticipatory bail order dated 20.07.2015, passed in Cr. Misc. No. 26387 of 2015, praying for extension of period for

Patna High Court Cr.Misc. No.29891 of 2016 (6) dt.22-02-2017 2/2 deposit of 20% of the amount in question by the petitioner. On query by this Court regarding the deposit of 20% of the amount in question, it has been submitted that the said amount has not yet been deposited by the petitioner.

Considering the aforesaid fact, I find no valid reason to grant any further extension of time to the petitioner. The provisional anticipatory bail granted to the petitioner vide order dated 20.07.2015, passed in Cr. Misc. No. 26387 of 2015 and interim order dated 20.07.2016 passed in the present modification application i.e., Cr. Misc. No. 29891 of 2016, in connection with Ramgarh P.S. Case No. 88 of 2015, pending in the court of learned Additional Chief Judicial Magistrate, Bhabua, stand cancelled/vacated as he has failed to comply with of his own submissions/undertaking.

The present modification application is, accordingly, dismissed.

If the petitioner surrenders in the court below within a period of four weeks and deposits the amount in question, the same shall be considered on its own merit without being prejudiced by the order of this Court.

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