Patna High CourtCR. MISC./3414/2017disposed

Sudama Prasad v. The State Of Bihar And ORS

2017-05-10Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3414 of 2017 Arising Out of PS.Case No. -178 Year- 2015 Thana -NOKHA District- SASARAM (ROHTAS) ====================================================== Sudama Prasad, Son of Late Nanhku Prasad, Resident of Village/Mohalla Ansari Mohalla, Nokha, P. S. Nokha, District-Rohtas .... .... Petitioner/s

Versus

1. The State of Bihar

2. Mahendra Seth Son of Late Akshdal Seth

3. Deepak Seth Son of Mahendra Seth

4. Chandan Seth Son of Mahendra Seth

5. Vicky Seth Son of Mahendra Seth All resident of Village Nokha, P. S. Nokha, District Rohtas .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sandip Singh For the Opposite Party/s : Mr. Sri Bharat Bhushan, APP Mr. Ram Chandra Singh CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-05-2017 The only ground on which the petitioner seeks cancellation of bail to Opposite parties No. 2 to 5 is that they are not making payments in terms of the order of this Court, dated 12.07.2016.

Learned counsel appearing on behalf of Opposite parties has submitted that they are depositing the amount in Court as directed by this Court.

Considering the stand taken on behalf of the petitioner and submission made on behalf of Opposite parties No. 2 to 5, this application is disposed of with an observation that the Court below shall examine whether the payments have been made in terms of

the order of this Court, dated 12.07.2016, or not. If the said Opposite parties are found to have not deposited the amount, the Court below shall cancel their bail bonds.

However, if the Opposite parties deposit the amount, which was payable to the petitioner in terms of the order till end of May, 2017, no such coercive steps shall be taken against him. After May, 2017, if the Opposite parties fail to deposit the amount, on an application filed by the petitioner, the Court below may proceed for cancellation of bail of the Opposite parties. (Chakradhari Sharan Singh, J) ArunKumar/- U