Patna High CourtCR. MISC./61415/2022allowed

Parshuram Prasad v. The State Of Bihar

2023-01-18Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61415 of 2022 In CRIMINAL MISCELLANEOUS No.22849 of 2022 Arising Out of PS. Case No.-804 Year-2021 Thana- BRAHMPUR District- Buxar ====================================================== PARSHURAM PRASAD Son of Bhrigunath Prasad Resident of VillageDhurhupur, P.S.- Brahmpur, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sushmita Mishra,Adv.

For the Opposite Party/s :

Mr.Ajay Mishra,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-01-2023 The present application has been filed for modification of order dated 13.09.2022 passed in Cr.Misc. No. 22849 of 2022 whereby petitioner has been granted anticipatory bail with condition to refund the emoluments received during tenure as Panchayat Teacher in 24 monthly installments. Learned counsel for the petitioner, by annexing a letter dated 21.09.2022 issued under the signature of Block Education Officer, Brahmpur, Buxar addressed to District Programme Officer, Establishment, Buxar (Annexure - 2), submits that petitioner has not been paid any salary for the period from 17.08.2013 to 31.12.2021 by the concerned department and as such, there is no question to refund any money.

Patna High Court CR. MISC. No.61415 of 2022(3) dt.18-01-2023 2/2 In view of aforesaid facts and circumstances, the modification petition is allowed and the condition in the order dated 13.09.2022 passed in Cr.Misc. No. 22849 of 2022 "to refund emoluments received during tenure, as Panchayat Teacher, in 24 (twenty four) monthly installments" is, hereby, recalled.

In view of aforesaid fact, further 30 days time from today is granted to the petitioner to surrender and furnish bailbond before the court below. Accordingly, order dated 13.09.2022 passed in Cr.Misc. No. 22849 of 2022 is modified to the above extent only.

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