Patna High CourtCR. MISC./9749/2020allowed

Ishwar Singh v. The State Of Bihar

2020-07-02Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9749 of 2020 In CRIMINAL MISCELLANEOUS No.64683 of 2019 Arising Out of PS. Case No.-203 Year-2019 Thana- ITARHI District- Buxar ====================================================== Ishwar Singh, S/o Late Baul Singh, male, aged about 50 years, R/o villageLodhas, P.O.- Nihalpur, P.S.- Itarhi, District- Buxar. ... ... Petitioner/s

Versus

The State of Bihar.

Bihar State Food Supply Corporation, Patna, Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manendra Kumar Sinha, Adv.

For the O.P. No. 2 :

Mr. Ranjan Kumar Srivastava, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-07-2020 Heard Mr. Manendra Kumar Sinha, learned counsel for the petitioner and Mr. Ranjan Kumar Srivastava, learned counsel for the opposite party No. 2.

The petitioner seeks modification of the order dated 18.10.2019 passed in Cr. Misc. No. 64683 of 2019. By the aforesaid order, the petitioner was directed to surrender before the Court below along with the bank

Patna High Court CR. MISC. No.9749 of 2020(2) dt.02-07-2020 2/3 draft of Rs. 7.39 lacs in favour of Co-operative Bank, Ara. On such deposit of money, the petitioner was directed to be released on provisional anticipatory bail. However, he was also directed to deposit the rest of the amount, i.e., an amount after deducting Rs. 7.39 lacs from the total amount of Rs. 27,03,900.68/- within a further period of five months in five equal monthly installments.

However, it appears that inadvertently the monthly installment has also been stated in the order, referred to above, as Rs. 5 lacs. If that amount is added-up, it would come to more than the amount which is due against the petitioner. Thus, the modification is sought for in the order dated 18.10.2019.

The order dated 18.10.2019 is, therefore, modified to the extent that the petitioner would be required to deposit the balance amount after deducting Rs. 7.39 lacs from the total amount of Rs. 27,03,900.68/- within a further period of five months from today in five equal monthly installments. It is made clear that the other terms and conditions of the order dated 18.10.2019 shall subsist.

Patna High Court CR. MISC. No.9749 of 2020(2) dt.02-07-2020 3/3 The application stands allowed to the extent indicated above.

(Ashutosh Kumar, J) Praveen-II/- U T