In bail modification proceedings, the Patna High Court extended the time limit for the petitioner to deposit the second installment of the defalcated amount under the proviso to the bail order.
Application allowed; time for deposit of 15% installment extended to 08 months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4578 of 2016
====================================================== 1. Sri Jitendra Kumar @ Jitendra Kumar son of Sri Gupteshwar Prasad Sah Resident of Village + P.O.- Nawa Nagar, P.S. Nawa Nagar, District- Buxar. .... .... Petitioner/s Versus 1. The State of Bihar. 2. The District Manager, Bihar State Food and Civil Supply Corporation, Buxar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Naresh Chandra Verma For the Opposite Party/s : Mr. A.L.Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 03-02-2016 Heard the Counsel for the petitioner and Mr. Shailendra Kumar Singh for the Bihar State Food and Civil Supplies Corporation Ltd.
The application seeks modification in the order dated 10.07.2015 passed in Cr. Misc. No. 24296 of 2015 by extending the period/time for complying with the conditions of bail. It is stated that in the light of the said order, the petitioner surrendered within the time granted by this Court and furnished the bail bonds after depositing 10 % of the defalcated amount. The Court granted provisional bail for a period of five months. The reasons that he could not deposit the remaining 15 % of the defalcated amount within 5 months are spelt out in the application. If the period is extended by two months, he shall comply with the said order and get confirmation of bail by the Court below. It is further stated that
Patna High Court Cr.Misc. No.4578 of 2016 (2) dt.03-02-2016
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few orders extending the period has been passed by this Court.
Mr. Shailendra Kumar Singh for the Corporation has not disputed the contention that in some cases, this Court had extended the time.
Considering the facts and circumstances of the case, the application is allowed. Time granted for deposit of second installment of the defalcated amount (15 %) is extended to 08 months. The application is allowed with the aforesaid clarification/modification in the order dated 10.07.2015 passed in Cr. Misc. No. 24296 of 2015.
(Kishore Kumar Mandal, J)
Pankaj/-
U T
1 issue framed by the court
Whether the time for depositing the remaining 15% of the defalcated amount towards bail bond conditions should be extended.
Sri Jitendra Kumar @ Jitendra Kumar
The State of Bihar
The District Manager, Bihar State Food and Civil Supply Corporation, Buxar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
