This judgment allows a petitioner's application to modify a bail order. The court ordered that if the petitioner surrenders, he will be released on bail with reduced bonds of Rs. 10,000 and two sureties under Section 438(2) Cr.P.C.
Petitioner to be released on bail in sum of Rs. 10,000 with two sureties on surrender under Section 438(2) Cr.P.C.
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.41982 of 2022
In
CRIMINAL MISCELLANEOUS No.5865 of 2021
Arising Out of PS. Case No.-203 Year-2018 Thana- AKBARPUR District- Nawada
======================================================
Bittu Kumar Verma, Son of Ramesh Prasad, Resident of Vill. - Daniyawan, P.S. - Daniyawan, Distt. - Patna, presently resident of Vill. - Noorsarai, P.S. - Noorsarai, Distt. - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pintu Kumar Patel, Adv. For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
2 17-08-2022 Heard Mr. Pintu Kumar Patel, the learned
Advocate for the petitioner and Mr. Ram Priya Sharan Singh, the learned APP for the State.
This is an application for modification of the order dated 28.02.2022, passed in Cr. Misc. No. 5865 of 2021, by which the provisional bail granted to the petitioner vide order dated 02.11.2021 was confirmed
and it was directed that the petitioner shall remain on
the same bail-bonds.
Patna High Court CR. MISC. No.41982 of 2022(2) dt.17-08-2022 2/3
The petitioner was required to pay an amount
of Rs. 15 lakhs to the informant/wife, in all, towards her
matrimonial dues against which settled amount, Rs. 8 lakhs had already been paid prior to 28.02.2022. On that date, a draft of Rs. 7 lakhs, in the name of the wife of the petitioner (informant), drawn on Punjab National Bank was brought, which was handed over to Mr. Shivam, the counsel for the informant, which he accepted for the purposes of handing it over to the wife of the petitioner.
On this conduct of the petitioner, the provisional bail granted to him was confirmed and he was directed to remain on the same bail-bonds.
But the petitioner, on being granted provisional bail, had not furnished bail-bonds in the hope that when
the entire amount would be deposited, he would be granted bail and would be asked to furnish bonds afresh. That not having been done, the petitioner seeks modification of the order dated 28.02.2022, directing
Patna High Court CR. MISC. No.41982 of 2022(2) dt.17-08-2022 3/3
the Court below to accept his fresh bail bonds.
The order dated 28.02.2022 is thus modified to
the extent that if the petitioner surrenders before the Court below, he shall be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Akbarpur P.S. Case No. 203 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.
The application stands allowed.
(Ashutosh Kumar, J)
Praveen-II/-
U T
1 issue framed by the court
Whether the petitioner's application for modification of bail order to accept fresh bail bonds should be allowed.
1 provisions across 1 enactments
Bittu Kumar Verma
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
