Ramkeshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66451 of 2024 Arising Out of PS. Case No.-83 Year-2024 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== 1.

Ramkeshwar Singh S/O- Ranvijay Singh Village- Jaitpur Kalan Po- Jaitpur Kalan PS- Bhabua Dist- Bhabua 2.

Himanshu Singh S/O- Sanjay Singh Village- Jaitpur Kalan Po- Jaitpur Kalan PS- Bhabua Dist- Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Y.V. Giri, Sr. Advocate :

Mr.Vinod Kumar Seth, Advocate For the Opposite Party/s :

Ms.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-10-2024 1.

Heard learned Counsel for the petitioners and learned APP for the State.

2.

Learned Counsel appearing for the petitioners submits that the petitioners have been granted anticipatory bail by learned court of Additional Sessions Judge-3rd, Kaimur at Bhabua in connection with Bhagwanpur PS case no. 83 of 2024 dated 24.03.2024, registered under Sections 420, 406, 409/34 of the Indian Penal Code but the petitioners, aggrieved by the stringent condition of bail, has filed the present application for modification of bail condition. Learned A.D.J. Kaimur has directed the petitioners to deposit 20% of the due amount of Rs. 2,04,54,570/- which comes to Rs. 40,90,914/- and further directed to deposit the balance amount within 10 months in five

Patna High Court CR. MISC. No.66451 of 2024(2) dt.22-10-2024 2/3 equal instalments. The petitioners are willing to deposit the entire amount in instalment. Learned counsel further submits that the petitioners are ready to deposit 10% of the due amount of Rs. 2,04,54,570/- in favour of District Manager, State Food Corporation at the time of furnishing bail bond and the balance amount shall be refunded/ deposited within a period of 18 months in 09 equal instalments.

3.

Having regard to the facts and circumstances of the case and taking into consideration the submission made by learned counsel for the petitioners, order dated 30.05.2024, passed by learned Additional Sessions Judge-3rd, Kaimur at Bhabua is modified to the extent that at the time of furnishing bail bond within four weeks from today, the petitioners shall deposit 10% of the due amount of Rs. 2,04,54,570/- i.e. Rs. 20,45,914/- before the District Manager, State Food Corporation and shall produce the acknowledgment receipt before the concerned court on or before the day of surrender. The balance amount out of Rs. 2,04,54,570/- shall be paid/ refunded by the petitioners within 18 months in 09 equal instalments. It goes without saying that if petitioners fail to refund/ deposit the instalments within time, their bail bond shall liable to be cancelled.

Patna High Court CR. MISC. No.66451 of 2024(2) dt.22-10-2024 3/3 4.

With the aforesaid modification, the present application is disposed off.

(Anil Kumar Sinha, J) rinkee/- U T