Amarjit Kumar @ Amarjit Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64970 of 2022 In CRIMINAL MISCELLANEOUS No.19242 of 2020 Arising Out of PS. Case No.-777 Year-2016 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== Amarjit Kumar @ Amarjit Bind S/o Ramayan Bind Resident of villageDharwa, P.S.- Mohania, District- Kaimur at Bhabua. ... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
Subhash Chandra Gupta S/o Jai Shankar Prasad R/o Village- Upari, P.S.- Ramgarh, Distt- Kaimur at Bhabua.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tribhuwan Narayan, Adv.
For the Opposite Party/s :
Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-05-2023 The petitioner along with other co-accused namely Rakesh Singh was granted anticipatory bail vide order dated 23.02.2021 passed in Cr. Misc. No. 19242 of 2020 but, with a condition that they would make a payment of Rs. 2,00,000/- under protest and subject to their rights and contentions later.
The petitioner herein could not deposit the aforesaid amount within the specified period. In the present modification application, the petitioner has sought for extension of time.
This Court initially was reluctant to modify the
Patna High Court CR. MISC. No.64970 of 2022(4) dt.03-05-2023 2/2 order with respect to the time for deposit of money and surrendering before the court below for taking advantage of the order of bail but, on the assurance of the petitioner that within three weeks, Rs. 2,00,000/- shall be paid in the court below, this Court granted further time. A supplementary affidavit has been filed indicating that Rs. 2,00,000/- has been deposited before the court.
With such development in the case, the order dated 23.02.2021 is modified to the extent that if the petitioner, above named, now surrenders before the learned court below within a period of four weeks from today, he will be accorded the privilege under the order dated 23.02.2021 on the same terms and conditions.
With the aforesaid modification, the application stands allowed.
(Ashutosh Kumar, J) rishi/- U T