Patna High CourtCR. MISC./24980/2024allowed

Jai Narayan Rai v. The State Of Bihar

2024-04-10Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24980 of 2024 In CRIMINAL MISCELLANEOUS No.13826 of 2023 Arising Out of PS. Case No.-1210 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== JAI NARAYAN RAI S/O SHIVCHANDRA RAI R/O VILLAGE- NEORI, P.S- RUNNI SAIDPUR, DISTT.- SITAMARHI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Shekhar Anand, Adv.

For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-04-2024 Heard learned counsel for the parties.

2. This modification application has been filed to modify the order dated 11.07.2023 passed in Cr. Misc. No.13826 of 2023 to give permission to the petitioner to deposit Rs.40,000/- in the Nazarat of the learned Court below and also to confirm his bail bond, which was provisionally accepted by the learned Court below on 09.08.2023.

3. Learned counsel for the petitioner submits that vide order dated 11.07.2023, the petitioner was granted anticipatory bail as he was ready to return Rs. 40,000/- to the informant, but due to community conflict in Manipur, where the petitioner was working, he could not appear before the learned court below to furnish his bail bond within the stipulated period. After four

Patna High Court CR. MISC. No.24980 of 2024(2) dt.10-04-2024 2/2 months, when the petitioner came and filed his bail bond before the learned court below, which was accepted provisionally. Thereafter, the petitioner requested the learned Court below to deposit Rs.40,000/- before the Nazarat as the informant did not receive the said amount despite receiving notice issued by the learned Court below, but the learned Court below did not give permission to deposit the same in Nazarat.

4. On the grounds mentioned in the modification application and in the interest of justice, I deem it proper to grant liberty to the petitioner to deposit the aforesaid amount in the Nazarat within a period of four weeks and the learned Court below is directed to confirm the provisional bail of the petitioner after satisfying that the petitioner has deposited the aforesaid amount in the Nazarat.

5. Accordingly, this modification application stands disposed of.

(Anjani Kumar Sharan, J) divyanshi/- U T