Anjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67643 of 2019 In CRIMINAL MISCELLANEOUS No.19105 of 2019 Arising Out of PS. Case No.-359 Year-2017 Thana- MITHANPURA District- Muzaffarpur ====================================================== Anjit Kumar, Male, aged about 34 years, S/O Dev Narayan Saw, resident of Mohalla - Brahampura Desh Sevak Marg, P.S. Brahampura, District Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Suraj Prakash S/O Sri Narayan Sah, Resident of Mohalla - Harishabha Chawk, P.S. Mithanpura, District- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratneshwar Prasad For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-12-2019 The present modification application has been filed by the petitioner for modification of the order dated 31.07.2019 passed in Cr. Misc. No. 19105 of 2019 to the extent that petitioner may be allowed to hand over the Bank Draft having amount of Rs. 5,00000/- to learned counsel appearing for the informant inasmuch as according to learned counsel for the petitioner the purchasers are not accepting the Bank Draft prepared for Rs. 5,00000/- by the petitioner. Learned counsel for the petitioner further submits that the period for surrender by the petitioner before the court below

Patna High Court CR. MISC. No.67643 of 2019(4) dt.18-12-2019 2/3 and furnishing bail bond vide order dated 31.07.2019 be also extended by 10th January 2020.

Mr. Chandra Shekhar Anand, learned counsel appearing for the informant agrees that amount of Bank Draft of Rs. 5,00000/- prepared in the name of three purchasers namely Mahesh Kumar (Bank Draft No. 506402 for Rs. 2,00000/-) , Naresh Kumar (Bank Draft No. 506398 for Rs. 1,00000/-) and Suraj Prakash (Bank Draft No. 506399 for Rs. 2,00000/-) can be accepted by him on behalf of his client and the order may accordingly be modified.

Having heard learned counsel for the parties and taking into consideration the fact that the petitioner has handed over three Bank Drafts prepared in the name of different purchasers to the learned counsel appearing for the informant, I am inclined to modify the order dated 31.07.2019 passed in Cr. Misc. No. 19105 of 2019.

Accordingly, the order dated 31.07.2019 passed in Cr. Misc. No. 19105 of 2019 is modified to the extent that the Bank Draft prepared in the name of the purchasers be handed over to the learned counsel appearing for the informant namely, Mr. Chandra Shekhar Anand and the period for surrender and furnishing bail bond by the petitioner in connection with

Patna High Court CR. MISC. No.67643 of 2019(4) dt.18-12-2019 3/3 Mithanpura P.S. Case No. 359 of 2017 ( Complaint Case No. 2133 of 2017) to the satisfaction of learned SDJM (East ) Muzaffarpur is extended by 10th January 2020. (Anil Kumar Sinha, J) praful/- U