Application for modification of anticipatory bail order to include refund of money terms was rejected by the Court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34976 of 2024
In
CRIMINAL MISCELLANEOUS No.49668 of 2023
Arising Out of PS. Case No.-676 Year-2022 Thana- BETTIAH CITY District- West
Champaran
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Anil Kumar, Advocate For the Opposite Party/s : Mr.Binod Kumar, APP For the Informant : Mr. Dhirendra Nath Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 12-07-2024 Heard learned counsels for the parties.
Patna High Court CR. MISC. No.34976 of 2024(2) dt.12-07-2024 2/3
the petitioner that during the course of argument, it was observed that the petitioners will pay Rs. 4 lacs on 25.02.2024 before furnishing bail bonds. Second installment to be paid as Rs. 7 lacs on 20.05.2024. Third installment to be paid as Rs. 7 lacs on 20.08.2024 and the fourth and final installment to be paid as Rs. 7 lacs on 20.11.2024 as stated in para. 2 of the second supplementary affidavit filed on behalf of the petitioners but in the order dated 01.02.2024, passed in Cr. Misc. No. 49668/2023, the aforesaid observation/direction is not available. He has further submitted that if the aforesaid observation is not mention in the order dated 01.02.2024, passed in Cr. Misc. No. 49668 of 2023, the petitioners will not pay a single penny to the informant and after cheating the huge amount i.e., Rs. 25 lacs to the petitioners fill victory in the present case, it will be encouragement of cheating.
Patna High Court CR. MISC. No.34976 of 2024(2) dt.12-07-2024 3/3
paid as Rs. 7 lacs on 20.11.2024 as stated in para. 2 of the second supplementary affidavit filed on behalf of the petitioners. Although the said second supplementary affidavit was filed by the learned counsel for the petitioners and the same is also available on the record. It is further submitted that learned counsel for the informant did not appear during the hearing of the bail petition. Learned counsel for the petitioner has placed reliance on the judgment in the case of Bimla Tiwari Vs. State of Bihar and others (Special Leave Petition (CRL.) Nos. 834835 of 2023) at para 10, the Hon'ble Apex Court has held that "we would reiterate that the process of criminal law cannot be utilized for arm-twisting and money recovery, particularly while opposing the prayer for bail."
(Chandra Prakash Singh, J)
atul/-
U T
1 issue framed by the court
Whether the order granting anticipatory bail could be modified to include refund terms not recorded in the original order?
Colour shows how this judgement treated each authority
Bimla Tiwari Vs. State of Bihar and othersReferred¶10
Bimla Tiwari Vs. State of Bihar and others (Special Leave Petition (CRL.) Nos. 834835 of 2023)
Ivon William Netal
Joy William Netal
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
