Rajesh Ranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87967 of 2024 In CRIMINAL MISCELLANEOUS No.69623 of 2024 Arising Out of PS. Case No.-500 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Rajesh Ranjan S/o Late Ramji Prasad Singh Resident of Village- Vaishali, P.S. and Distt.- Vaishali ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Umesh Prasad Singh S/o Late Nand Kishore Singh R/o vill - Khabra, Adarsh Nagar 3, P.S.- Sadar Muzaffarpur, Distt.- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Supragya, Advocate For the Opposite Party/state:
Mr.Bishweshwar Ram, APP For the Opposite Party 2 :
Mr. Bindhyachal Singh, Senior Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-01-2025
1. The present application has been filed for modification of the order dated 12.11.2024 passed in Cr. Misc. No. 69623 of 2024 by which by the petitioner- Rajesh Ranjan has been granted provisional anticipatory bail subject to the condition that he shall deposit 25% of Rs. 1,70,00000/- amounting to Rs. 42,50,000/- within a period of four weeks from the date of order and shall produce receipt showing deposit of 25% of Rs. 1,70,00000/- before the learned District Court, Vaishali at Hajipur, who is in seisin of the Title Suit No. 1420 of 2024 at the time of furnishing bail bond and shall deposit the rest 75% amount in six equal monthly installments of Rs. 21,25,000/- per
Patna High Court CR. MISC. No.87967 of 2024(2) dt.10-01-2025 2/3 month.
2. Learned counsel for the petitioner submits that petitioner is ready and willing to pay the entire amount to the informant as per direction of this Court, however, due to some financial constraint the petitioner is not in a position to deposit 25% of the total due amount and the balance amount in six monthly installments. Accordingly, learned counsel submits that within three weeks the petitioner shall deposit Rs. 25,00000/- in the learned District Court, Vaishali at Hajipur where Title Suit No. 1420 of 2024 is pending and the balance amount of Rs. 1,75,00000/- shall be paid in twelve monthly installments.
3. Mr. Bindhyachal Singh, learned senior counsel for the opposite party no. 2 submits that at the time of consideration of bail application of the petitioner an undertaking was given by the petitioner to deposit 25% of the due amount and the balance amount in six monthly installments, however, the petitioner in order to buy time and to deprive the opposite party no. 2 of his legitimate amount upon which the petitioner is earning interest has filed the present application with malafide intention.
4. Having heard learned counsel for the parties and taking into consideration the prayer made by the petitioner, let the order dated 12.11.2024 passed in Cr. Misc. No. 69623 of 2024
Patna High Court CR. MISC. No.87967 of 2024(2) dt.10-01-2025 3/3 be modified with fresh direction that the petitioner shall deposit a sum of Rs. 25,00000/- within three weeks before the learned District Court, Vaishali at Hajipur where Title Suit No. 1420 of 2024 is pending and the balance amount of Rs. 1,70,00000/- shall be paid by the petitioner in twelve equal monthly installments thereafter.
5. Accordingly, the time granted for surrender and furnishing bail bond is extended by four weeks from today.
6. The other directions shall remain as it is. (Anil Kumar Sinha, J) praful/- U T