Md. Kalamuddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53029 of 2015 ======================================================
1. Md. Kalamuddin Son of Late Rafique Mian Resident of Village & P.S. - Kargahar, District - Rohtas at Sasaram .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sada Nand Ray, Advocate For the Opposite Party/s : Mr. H.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-11-2016 The present application has been filed for modification of order dated 08.05.2015 passed in Cr. Misc. No. 14018 of 2015, whereby the petitioner was granted provisional anticipatory bail on the undertaking that he will return the loan amount with up-to-date interest within a period of three months with condition that the provisional bail of the petitioner will be confirmed by the learned court below on certification by the Bank of Baroda, New Hasnu Market Branch, Sasaram to the effect that the petitioner has repaid the entire loan amount, with up-to-date interest.
It is submitted by the learned counsel for the petitioner that due to paucity of fund petitioner could not deposite the alleged loan amount.
Considering the fact that the petitioner was granted provisional anticipatory bail on 08.05.2015 on the
Patna High Court Cr.Misc. No.53029 of 2015 (2) dt.09-11-2016 undertaking that he will return the loan amount with up to date interest within a period of three months, this Court is not inclined to modify the order dated 08.05.2015. Hence, the order dated 08.05.2015, passed in Cr. Misc. No. 14018 of 2015 is rescined.
Let the learned court below consider the prayer for bail of the petitioner, if he surrenders before the learned court below within a period of six weeks from today in connection with Sasaram (Town) P.S. Case No. 1299 of 2014, pending in the court of learned Chief Judicial Magistrate, Rohtas at Sasaram.
With the above observation this application is disposed of.
(Dinesh Kumar Singh, J) P.K./- U T