Anil Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.684 of 2025 In CRIMINAL MISCELLANEOUS No.30773 of 2024 Arising Out of PS. Case No.-5 Year-2018 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== Anil Kumar Ram S/O Ram Baleshwar @ Baleshwar Ram Vill.- Naranpur, P.S.- Mahua, District-Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Economic Offence Unit, through ATS, S.P. Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhumay Madhup, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP For the E.O.U. : Mr. Vishwanath Prasad Sinha, Senior Advocate Mrs. Soni Shrivastava, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-01-2025 Heard Mr. Madhumay Madhup, learned counsel for the petitioner, Mr. Vishwanath Prasad Sinha, learned senior counsel assisted by Mrs. Soni Shrivastava, learned Advocate and Mr. Dilip Kumar No.1, learned APP for the State.

2. The present application has been filed for modification of order dated 26.07.2024 passed in Cr. Misc. No. 30773 of 2024 to the following extent:

a. By making corrections to paragraph no.2 of the aforementioned order, specifically by inserting Sections 379, 420 of the Indian Penal Code along with Sections 66, 66 (c) and 66 (D) of

2/4 the I.T. Act, which were inadvertently omitted due to a typographical error.

b. By extending the time of deposit in installments of Rs.6,26,000/ (Rupees Six Lacs Twenty Six Thousand) in the concerned bank and also directing the concerned bank either to accept the aforementioned installment of Rs.6,26,000/- (Rupees Six Lacs Twenty Six Thousand) or the same may be permitted to deposit with the learned Court below.

C. Or pass any other appropriate order fit in the light of circumstances described hereinafter.

3. It is submitted on behalf of the petitioner that vide order dated 26.07.2024, the petitioner was granted provisional bail for a period of six months with a condition that the same shall be confirmed after showing the receipt of deposit of Rs.6,26,000/- in the concerned Bank. Thereafter, the petitioner approached the ICICI Bank Limited, Shanti Complex, Subhash Chowk, Pakhara Mohalla, Hajipur, where he was employed at the time of commission of alleged occurrence but the aforesaid Bank refused to accept the installment and orally informed that they had not received any such order. Thereafter, the petitioner sent a letter requesting the ICICI Bank Limited along with a

3/4 web copy of the order of this Court. In response, the Bank sent a letter stating that no account number has been mentioned to deposit the said amount. Thereafter, the petitioner approached the ICICI Bank, Draupadi Barnwal Complex, opposite PMCH Main Gate, Ashok Raj Path, who happens to be the informant Bank in the present case and requested them to accept the deposit in installments in compliance of the order dated 26.07.2024 passed in Cr. Misc. No.30773 of 2024, but the Bank orally refused to accept saying that on account of nonavailability of account number in the order, the same cannot be accepted. It is further submitted that due to aforesaid reasons neither the said amount could be deposited nor the provisional bail of the petitioner has been confirmed.

4. Having heard learned counsel for the parties and on the grounds mentioned in the modification application, the petitioner is directed to deposit Rs.6,26,000/ (Rupees Six Lacs Twenty Six Thousand) in three equal installments within three months in the Nazarat of the Patna Civil Court and the period of surrender is extended by four months from the date of receipt/production of a copy of this order in connection with Economic Offence P.S. Case No. 05 of 2018.

5. The provisional bail of the petitioner shall be

4/4 confirmed by the learned Court below after showing the receipt of deposit of the said amount in the Nazarat.

6. The order dated 26.07.2024 is modified to the extent as indicated above.

7. Accordingly, this modification application stands disposed of.

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