Single Bench modification application where the High Court reduced the bailout amount from Rs. 2.5 lakh to Rs. 1.25 lakh based on the petitioner's inability to pay the full sum, with consent from the prosecution.
The order of bail passed on 05.02.2013 was modified to release the petitioner on deposit of Rs. 1.25 lakh instead of Rs. 2.5 lakh.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5622 of 2016
====================================================== 1. Bhikho Yadav Son of Ra Khelawan Yadav, Resident of VillageRahimpur, P.S.- Khagaria, District- Khagaria at present Rajendra Nagar Awas Board, Ward No.-20, Chitragupta Nagar, District- Khagaria. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. R.P.S Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 5 06-04-2016 The present application has been filed for modification of order dated 05.02.2013 passed in Cr. Misc. No. 3741 of 2013 to the extent of slashing down the quantum of amount undertaken by the petitioner. The petitioner was granted regular bail under Sections 409, 420, 467, 468, 471, 120B of the Indian Penal Code on the readiness to return the due amount of loan Rs. 2.5 lakh.
It is submitted by the learned counsel for the petitioner that petitioner is not in a position to return the amount to the tune of Rs. 2.5 lakh, but is ready to pay Rs. 1.25 lakh within a period of two weeks. The report of the learned trial court dated 18.02.2016 reflects that none of the witnesses have been examined, hence there is no likelihood of concluding the trial in near future.
Learned counsel appearing for the Economic
Patna High Court Cr.Misc. No.5622 of 2016 (5) dt.06-04-2016
2
Offences Unit has no objection, if the petitioner deposits Rs. 1.25 lakhs.
Under the circumstances, the order dated 05.02.2013 passed in Cr. Misc. No. 3741 of 2013 is modified to the extent that petitioner will be released on bail on deposit of Rs. 1.25 lakh. Accordingly, this modification application is disposed of.
(Dinesh Kumar Singh, J)
P.K./-
U T
1 issue framed by the court
Whether the quantum of bail amount guaranteed by the petitioner should be modified from Rs. 2.5 lakh to Rs. 1.25 lakh.
1 provisions across 1 enactments
Bhikho Yadav
The State of Bihar
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
