Bhushan Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.9198 of 2018 (2) dt.14-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9198 of 2018 ====================================================== Bhushan Yadav, S/o Sri Krishna Kanhaiya Yadav, R/o Sonbarsa , P.S.- Chautham , District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Prasad Singh, Advocate. For the Opposite Party/s : Mr. Sri Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-03-2018 This application has been filed for modification of order dated 06.07.2017 passed in Criminal Misc. No. 12589 of 2017, whereunder, the petitioner was allowed privilege of provisional pre-arrest bail in the event of arrest or surrender within a period of four weeks on furnishing the bail bond of Rs.10,000/- with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria, subject to condition as laid down under Section 438(2) Cr.P.C. with direction that if the petitioner submits the receipt regarding depositing of Rs.2,40,000/- in favour of the informant/opposite party no. 2 within a period of four months, the provisional pre-arrest bail of the petitioner shall be confirmed by the court below. If the petitioner fails to do so, the court below would be at liberty to cancel the bail bond of the petitioner.

Patna High Court Cr.Misc. No.9198 of 2018 (2) dt.14-03-2018 Learned counsel for the petitioner submits that in spite of best efforts the petitioner could not arrange the money, which is to be handed over to the informant, Shailendra Kumar and now he managed Rs.2,40,000/- to hand over to the informant, Shailendra Kumar, so he seeks more time to surrender in the court below. Learned Additional Public Prosecutor appearing for the State has no objection to allow the present modification application.

Considering the submission of the learned counsel for the petitioner, the period of surrender of the petitioner in connection with the Khagaria (Chitragupta Nagar) P.S. Case No. 419 of 2016, pending in the court of Chief Judicial Magistrate, Khagaria, is further extended for six weeks from today and this applications is, accordingly, disposed of with the aforesaid modification in the order dated 06.07.2017 passed in Criminal Misc. No. 12589 of 2017.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T