The High Court at Patna granted the petitioners an additional six weeks to deposit Rs. 10 lakhs as joint security for their anticipatory bail, and extended the surrender period by eight weeks to the court below.
Further six weeks granted for deposit of Rs. 10 lakhs; surrender period extended by eight weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23328 of 2021
In
CRIMINAL MISCELLANEOUS No.22465 of 2020
Arising Out of PS. Case No.-309 Year-2019 Thana- CHHATAUNI District- East Champaran
======================================================
... ... Petitioners
Versus
... ... Opposite Parties ====================================================== Appearance : For the Petitioners : Mr. Ramakant Sharma, Senior Advocate and Mr. Lakshmi Kant Sharma, Advocate. For the State : Mr. A.G. ======================================================
Patna High Court CR. MISC. No.23328 of 2021(2) dt.11-08-2021 2/4
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 11-08-2021 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy.
Heard learned senior counsel for the petitioners and learned A.P.P. for the State through Virtual mode.
The present application has been filed for modification of the order dated 22.01.2021, passed in Cr. Misc. No. 22465 of 2020, by which on submission made on behalf of the petitioners, the petitioner nos. 1 and 2 were directed to deposit an amount of Rs. 10,00,000/- (Rupees Ten Lacs Only) jointly in the learned court below which was to be subject to final disposal of the case. On doing so, all the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of eight weeks from today i.e., 22.01.2021 were directed to be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, East Champaran, in connection with Chhatauni P.S. Case No. 309 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure but due to some unavoidable circumstances, the
Patna High Court CR. MISC. No.23328 of 2021(2) dt.11-08-2021 3/4
direction to deposit Rs. 10,00,000/- (Rupees Ten Lacs Only) jointly in the learned court below which was subject to final disposal of the case, passed vide order dated 22.01.2021, in Cr. Misc. No. 22465 of 2020, could not be complied with.
Hence, the petitioners pray for further six weeks’ time to comply with the direction to deposit Rs. 10,00,000/- (Rupees Ten Lacs Only) jointly in the learned court below which shall be subject to final disposal of the case, passed vide order dated 22.01.2021, in Cr. Misc. No. 22465 of 2020.
Considering the submissions made on behalf of learned senior counsel for the petitioners and the grounds mentioned in the modification application, the petitioner nos. 1 and 2 are granted further six weeks’ time to comply with the direction to deposit Rs. 10,00,000/- (Rupees Ten Lacs Only) jointly in the learned court below which shall be subject to final disposal of the case, passed vide order dated 22.01.2021, in Cr. Misc. No. 22465 of 2020, and the period of surrender of all the petitioners in the court below is extended for a further period of eight weeks from the date of receipt/production of a copy of this order. The rest of the conditions stipulated in the order will be same.
The order dated 22.01.2021, passed in Cr. Misc. No.
Patna High Court CR. MISC. No.23328 of 2021(2) dt.11-08-2021 4/4
22465 of 2020, is modified to the extent as indicated above.
The present application is disposed of.
Let this order be communicated to the learned court
below through e-mail.
(Sudhir Singh, J)
U.K./- U T
2 issues framed by the court
Whether the petitioners can be granted further time to deposit the required bail amount towards their anticipatory bail.
Whether the period for surrender to the lower court should be extended to enable the deposit compliance.
1 provisions across 1 enactments
Sneha Ashish Bhatacharya
Mirtunja Sahu
Gautam Kumar Sahu
Krishna Chandra Das
Bipplaw Pahari
Subhash Mathani
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
