Uday Pratap Singh Deo @ Uday Pratap Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3720 of 2020 In CRIMINAL MISCELLANEOUS No.63290 of 2017 Arising Out of PS. Case No.-317 Year-2016 Thana- AGAMKUAN District- Patna ====================================================== Uday Pratap Singh Deo @ Uday Pratap Singh, S/O Ashok Kumar Singh Resident of Ashok Kumar Singh Deo, 530A/1 Sandalpur, Devi Asthan, Patna city, P.S.- Sultanganj, District - Patna - 800006 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

General Manager, M/s Prema Motor Private Limited, Kumhrar, Kanakarbagh, Main Road, P.S. - Agamkuan, District - Patna, Bihar. 3.

M/S Mahindra and Mahindra Finance Limited through its Divisional Manager, Plot No.06, Behind Cimage College, Boring Road, Srikrishanpuri, Patna.

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

For the Petitioner/s :

Mr. Arvind Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-07-2020 Heard Mr. Arvind Kumar Sinha, learned Advocate for the petitioner and Mr. Nirmal Kumar Sinha, learned APP for the State.

The petitioner was granted provisional anticipatory bail vide order dated 11.04.2018 passed in Cr. Misc. No. 63290 of 2017.

However, the petitioner was directed to deposit Rs. 8,20,000/- in four equal installments by 15th of every month through Demand Draft in the name of the Finance Company. It was clearly specified in the order referred to above that only after the entire amount of

Patna High Court CR. MISC. No.3720 of 2020(3) dt.02-07-2020 2/2 Rs. 8,20,000/- would be paid, the provisional anticipatory bail of the petitioner shall be confirmed. If the petitioner, it was directed, made any default in making payment of single installment his provisional anticipatory bail would be liable to be cancelled. The learned counsel for the petitioner submits that because of non-communication of the order on time, the installment could not be paid on 15th of every month.

However, now the petitioner is ready to make payments within a period of three months. It is only on this assertion on behalf of the petitioner that this Court has been persuaded to extend the period of provisional anticipatory bail for a further period of three months to be counted from today.

If the petitioner does not make the entire payment of Rs. 8,20,000/- by that time and obtains a receipt for the same, his provisional anticipatory bail shall stand automatically cancelled. Such condition has been fixed in this order taking into account that no notice has been issued to the opposite parties. The order dated 11.04.2018 stands modified to the extent indicated above.

(Ashutosh Kumar, J) krishna/- U T