Sudhanshu Abhilasha @ Manoj Kumar Yadav @ Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60398 of 2025 In CRIMINAL MISCELLANEOUS No.89956 of 2024 Arising Out of PS. Case No.-257 Year-2024 Thana- LALGANJ District- Vaishali ====================================================== Sudhanshu Abhilasha @ Manoj Kumar Yadav @ Manoj Kumar S/o- Sri Vijay Kumar Rai Village- Zafrabad Ps- Lalganj Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shravan Kumar, Adv.
Ms. Monika Singh, Adv.
Mr. Krishna Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-08-2025 Heard learned counsel for the petitioner and learned counsel for the State.
2. The present application has been filed for modification of the order dated 25.03.2025 passed in Cr. Misc. No. 89956 of 2024 and the order dated 09.05.2025 passed in Cr. Misc. No. 32022 of 2025 to modify the order for payment to be deposited by the petitioner.
3. Learned counsel for the petitioner submits that the petitioner was granted bail by this Court vide order dated 25.03.2025 passed in Cr. Misc. No. 89956 of 2024 in connection with Lalganj P.S. Case No. 257 of 2024 subject to the condition that petitioner shall deposit 10% of the misappropriated amount,
Patna High Court CR. MISC. No.60398 of 2025(2) dt.22-08-2025 2/3 i.e. Rs. 5,52,381.98/- in the learned court below within fifteen days after his release on bail and the rest amount was directed to be paid by the petitioner in eight equal monthly installments, on 15th of each month, within a period of eight months.
4. Learned counsel for the petitioner submits that the petitioner has already deposited Rs. 12,98,155/-. He further submits that on account of bad financial position, the petitioner preferred modification petition vide Cr. Misc. No. 32022 of 2025 which was disposed of allowing the petitioner to pay in equal 20 installments. Learned counsel for the petitioner further submits that the petitioner is in custody since 04.11.2024 and the wife of the petitioner is facing acute hardship and uncertainty with a liability to maintain two minor children aged 12 and 9 years. He further submits that the petitioner has small Kirana shop and may be able to pay somehow Rs. 35,000/- to 40,000/- per month.
5. Having considered the submissions made on behalf of the learned counsel for the petitioner and the grounds mentioned in the modification application regarding the financial hardships faced by the petitioner, this Court, in the interest of justice, grants forty months time to the petitioner to deposit the remaining amount in forty equal monthly
Patna High Court CR. MISC. No.60398 of 2025(2) dt.22-08-2025 3/3 installments.
6. Accordingly, paragraph no. 7 (ii) of order dated 25.03.2025 passed in Cr. Misc. No. 89956 of 2024 and Paragraph no.5 of the order dated 09.05.2025 passed in Cr. Misc. No. 32022 of 2025 are modified to the extent as indicated above and the rest of the conditions shall remain intact.
7. The modification application is, accordingly, allowed.
(Rudra Prakash Mishra, J) rishi/- U T