Ram Awatar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67747 of 2019 In CRIMINAL MISCELLANEOUS No.19794 of 2019 Arising Out of PS. Case No.-130 Year-2018 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== RAM AWATAR GUPTA Son of Late Chaturi Sah Resident of VillageBharkhar, P.S.- Mohania, District- Kaimur (Bhabhua), At Present Resident of Village- Bandipur, P.S.- Ramgarh, District- Kaimur (Bhabhua). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Animesh Singh son of Jay Prakash Singh Resident of Village- Darvan, P.S.- Ramgarh, District- Kaimur (Bhabhua).

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

This application has been filed for modification of order dated 25.07.2019 passed in Cr. Misc. No.19794 of 2019 by this Court.

Learned counsel appearing on behalf of the petitioner submits that vide order dated 04.04.2019 passed in Cr. Misc. No.19794 of 2019 by a Bench of this Court, the petitioner, above named, was directed to be released on provisional anticipatory bail in the event of his arrest or surrender before the court below within four weeks on furnishing bail bonds of

Patna High Court CR. MISC. No.67747 of 2019(2) dt.16-01-2020 2/3 Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate,1st, Kaimur at Bhabhua in connection with Complaint Case No.130 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. Thereafter, vide order dated 25.07.2019 passed in Cr. Misc. No.19794 of 2019, on hearing of the parties, the provisional anticipatory bail of the petitioner was confirmed but in the light of the order dated 04.04.2019 passed in Cr. Misc. No.19794 of 2019, by a Bench of this Court, the petitioner could not furnish the bail bonds within the stipulated time.

In that view of the matter, learned counsel for the petitioner seeks modification in the order dated 25.07.2019 passed in Cr. Misc. No.19794 of 2019 by this Court. Accordingly, let the last paragraph of the order dated order dated 04.04.2019 passed in Cr. Misc. No.19794 of 2019 by this Court, be read as " Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief

Patna High Court CR. MISC. No.67747 of 2019(2) dt.16-01-2020 3/3 Judicial Magistrate,1st, Kaimur at Bhabhua in connection with complaint Case No.130 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C." in place of the provisional anticipatory bail granted to the petitioner vide order dated 04.04.2019 is hereby confirmed.

The order dated 25.07.2019 passed in Cr. Misc. No.19794 of 2019 is modified accordingly and this application stands disposed of.

(Rajendra Kumar Mishra, J) Prakash Narayan /- U T