IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.26006 of 2010
Binay Kumar, Son of Sri Shiv Lal Sahoo, resident of 307 Sukriti, S.P. Verma
Road, P.S.-Kotwali, District-Patna. -Petitioner.
VERSUS
1. The State of Bihar.
2. Nishant Kumar, Son of Kamleshwar Prasad Singh, resident of Mohalla-P.I.T.
Colony, 12/31 Kankarbagh, P.S.-Patrkarnagar, Disrtrict-Patna.
-Oppsite Parties.
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03 01.12.2010 By this present application, the complainant had sought
Court’s indulgence to vacate Court’s order dated 23.07.2009 passed in
Cr. Misc. No.22213 of 2009. By that order the opposite party no.2,
namely, Nishant Kumar was directed to be released on anticipatory
bail upon first depositing of Rs.40,000/- and then in monthly
installments of Rs.40,000/- to liquidate the entire amount pertaining to
the two alleged cheques which had been dishonoured. The total is
Rs.2,06,102/-. The ground for withdrawal/cancellation of the order is
that even though the order was passed almost a year and half back, the
said Nishant Kumar had failed to honour the directions of this Court
and was absconding.
Upon notice being issued to Nishant Kumar in these
proceedings he has now appeared and has tendered a demand draft
issued by the State Bank of India, Kadamkuan Branch, being Demand
Draft No.153594, for Rs.206102/- in favour of the petitioner, Binay
Kumar dated 08.07.2010. The same is handed over to the learned
counsel appearing on behalf of the petitioner, Binay Kumar.
In view of the full amount having been deposited the
order dated 23.07.2009 passed in Cr. Misc. No.22213 of 2009 is
modified to the extent that on appearance of Nishant Kumar in the
-2-
Court below within four weeks from today, he shall be released on bail
on furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of like amount each subject to other conditions as
stipulated in that order.
This application is, accordingly, disposed of.
Trivedi/ (Navaniti Prasad Singh, J.)