Patna High CourtCR. MISC./22032/2024allowed

Sumeshwar Prasad v. The State Of Bihar

2024-06-28Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22032 of 2024 In CRIMINAL MISCELLANEOUS No.31475 of 2021 Arising Out of PS. Case No.-200 Year-2020 Thana- AGAMKUAN District- Patna ====================================================== Sumeshwar Prasad SON OF LATE BHOJA RAM RESIDENT OF VILLAGE- GOPAL DIHARI, PS- DAWATH, DIST- ROHTAS ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudhir Kumar, Adv.

For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-06-2024 Heard the parties.

2. The present application has been filed for modification of order dated 03.01.2022 passed in Cr. Misc. No. 31475 of 2021 whereby the petitioner was granted regular bail subject to the condition that he shall deposit a sum of Rs. 5 Lakhs before the court below, out of which, Rs. 1 Lakh shall be deposited at the time of furnishing bail bond and the remaining Rs. 4 Lakhs shall be deposited in equal installments within a period of one year from the date of release of the petitioner on bail.

3. Learned counsel for the petitioner submits that the sum of Rs. 2 Lakhs has already been deposited and the balance amount of Rs. 3 Lakhs shall positively be deposited within maximum period of sixty days (Two months).

4. Learned counsel appearing for the informant submits that as per the order of this Court dated 03.01.2022 out

Patna High Court CR. MISC. No.22032 of 2024(4) dt.28-06-2024 2/2 of Rs. 5 Lakhs, petitioner was to deposit Rs. 1 Lakh at the time of furnishing bail bond and remaining Rs. 4 Lakhs was to be deposited in equal installments from the date of his release. The petitioner was released on bail after depositing a sum of Rs. 1 Lakh on 11th of January, 2022. Therefore, the petitioner was required to deposit the balance amount of Rs. 4 Lakhs in equal installments by 11th January, 2023 but after release on bail, the petitioner did not care to abide by the order of this Court and did not deposit the amount as per condition of the bail and after almost two years on 03.10.2023, the petitioner deposited a sum of Rs. 1 Lakh.

5. Having heard learned counsel for the parties and taking into consideration the undertaking of the petitioner that he shall deposit the balance amount of Rs. 3 Lakhs, by way of last chance, two months time is granted to the petitioner to deposit the balance amount of Rs. 3 Lakhs in terms of order dated 03.01.2022 before the court concerned positively.

6. The modification petition stands allowed to the extent aforesaid.

(Anil Kumar Sinha, J) perwez U T