Petitioner seeks cancellation of provisional anticipatory bail granted to opposite party no.2 due to his default in paying installments as ordered. High Court directs lower court to pass appropriate order.
Direction to lower court to pass appropriate order against defaulting party.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5804 of 2019
Arising Out of PS. Case No.-126 Year-2017 Thana- CHHATAUNI District- East Champaran
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Manish Kumar Sri Kameshwar Prasad Resident of Mohalla - Chhatauni Chowk, Sports Club Road,P.S. Chhatauni, Dist. East Champaran.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sunil Kumar No.III For the Opposite Party/s : Mr.Rohit Shankar Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
7 26-06-2019
The instant application has been filed for cancellation of provisional anticipatory bail granted to opposite party no.2 by this Court vide order dated 23.4. 2018 passed in Cr. Misc No. 49915 of 2017.
Earlier, this Court vide order dated 23.4.2018 passed in Cr. Misc no. 49915 of 2017 disposed of the anticipatory bail application with observation that petitioner will make payment of remaining amount in installments in terms of memorandum of agreement entered into between the parties within the period as mentioned in the memorandum and thereafter the Court below will confirm the provisional anticipatory bail of the petitioner. It is also mentioned in the said order that in the event
Patna High Court CR. MISC. No.5804 of 2019(7) dt.26-06-2019 2/2
the petitioner does not surrender with affidavit or in the event of default in making payment(s) of installment the Court below will be at liberty to pass appropriate order in accordance with law.
Learned counsel for petitioner (informant) submits that opposite party no.2 has not made payment of installment in terms of the order dated 23.4.2018.
In such circumstances, the Court below is directed to pass appropriate order in terms of the direction of this Court dated 23.4.2018 passed in Cr. Misc. 49915 of 2017. The petitioner has committed default in making payment of remaining amount. The Court below shall pass appropriate order in accordance with law within a period of two weeks from the date of receipt of copy of this order.
The instant application stands disposed of.
(Sanjay Priya, J)
shyambihari/-
U T
1 issue framed by the court
Whether the Court below is directed to pass appropriate order due to petitioner's default in payment of bail installments.
Manish Kumar Sri Kameshwar Prasad
State Of Bihar
Ram Sakal Chaudhary
Sanjay Priya
As recorded by the court registry
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