Chandra Sekhar Pandey @ Chandra Sekhar Pande v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1422 of 2023 In CRIMINAL MISCELLANEOUS No.9295 of 2016 Arising Out of PS. Case No.-213 Year-2015 Thana- LAURIA District- West Champaran ====================================================== Chandra Sekhar Pandey @ Chandra Sekhar Pandey Son of Uma Shankar Pandey Resident of village- Marahiya, P.S.- Lauriya, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Ram Anurag Singh Mr.Vijay Kumar Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-09-2023 Heard learned counsel for the parties.

2. This application has been filed for modification of order dated 01.03.2016 passed in Cr.Misc. No. 9295 of 2016 by a coordinate Bench of this Court (Hon'ble Mr. Justice Dinesh Kumar Singh, as he then was). By the said order, petitioner was extended the privilege of provisional anticipatory bail for three months with following observation:

"The provisional bail of the petitioner will be confirmed by the learned court below on deposit of the due settled amount i.e. Rs. 2,68,646/- (Rupees two lacs sixty eight thousand six hundred forty six) within three months from today and six weeks from the date of receipt of the demand notice."

Patna High Court CR. MISC. No.1422 of 2023(2) dt.08-09-2023 2/2

3. Learned counsel for the petitioner submits that earlier, the petitioner could not deposit the said amount i.e. Rs. 2,68,646/- and as such, the provisional bail was not confirmed. However, subsequently, the petitioner has deposited Rs. 1,45,000/- on 18.09.2018 and Rs. 7,000/- on 20.06.2015 and finally, on 21.07.2022, rest amount i.e. Rs. 51,650/- has also been deposited by the petitioner.

4. Sri Vijay Kumar Verma, learned counsel appearing on behalf of North Bihar Power Distribution Co. Ltd. does not dispute the contention made on behalf of the petitioner.

5. In view of aforesaid facts and circumstances, the provisional bail granted to the petitioner, vide order dated 01.03.2016 passed in Cr.Misc. No. 9295 of 2016, is hereby confirmed.

6. Accordingly, order dated 01.03.2016 passed in Cr.Misc. No. 9295 of 2016 is modified to the above extent and this modification petition is allowed.

(Prabhat Kumar Singh, J) anay/- U T