IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7047 of 2010 ANIL KUMAR GUPTA @ RAMESH PRASAD GUPTA, SON OF RAJENDRA PRASAD, RESIDENT OF VILLAGE MILE, P.S. BIDUPUR, DISTRICT VAISHALI. --- PETITIONER Versus THE STATE OF BIHAR --- OPPOSITE PARTY ----------- 2 3.3.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has filed this application for quashing the order dated 25.1.2010, passed in Complaint Case No. C-2929 of 2007/2041 of 2009, by In-charge Court of S. Oraon, Judicial Magistrate, 1st Class, Hajipur by which the Court below has rejected the application filed by the petitioner on the ground that he has defaulted in payments as mentioned in the order of this Court while granting bail to the petitioner. By order dated, 5.11.2009, this Court had passed the following order: “In the event of arrest or surrender within one month from the date of communication of this order only after payment of first instalment either through bank draft or cash in connection with Complaint Case No. 2729 of 2007, the above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of Sri S. Uraon, Judicial Magistrate, Ist Class, Hajipur, subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Rest of the amount shall be paid thereafter in fourteen equal monthly instalments and single willful default may be taken for cancellation of the bail so granted to the petitioner.” Considering that the petitioner has violated the order dated 5.11.2009, this Court cannot interfere with the order passed by the Court below dated 25.1.2010. It has been stated in the petition that 2 an application has been filed for modification of the order of this Court dated 5.11.2009. In case the modification is allowed, the order by the Judicial Magistrate would be subject to the orders of this Court. This application is disposed of with the aforesaid observations. Sanjay (Sheema Ali Khan, J.)