IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11971 of 2009 BIRENDRA PANDEY SON OF LATE RAMNANDAN PENDEY RESIDENT OF VILLAGE BMP-6 ROAD,MALIGHAT,P.S.MITHANPURA, DISTRICT MUZAFFARPUR Versus STATE OF BIHAR ----------- 2/ 31.3.2009 Heard learned counsel for the parties. This application has been filed for modification of the order dated 3.12.2008 passed in Cr.Misc.No. 44842 of 2008 by which the petitioner Birendra Pandey was directed to be released after depositing the alleged misappropriated amount of Rs.3,96,000/- before the Registrar, Civil Court, Vaishali at Hajipur by way of Kishan Vikash Patra/National Savings Certificate/Fixed Deposits and on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each. In the said order, it was made clear that the amount deposited by the petitioner will be subject to the decision of the case and if the petitioner succeeds in the case, then the amount shall be withdrawn by him from the Civil Court itself and if the conviction is passed, then the amount shall be deposited in the District Nazarat. Submission is that the petitioner purchased Kishan Vikash Patras of the amount in question in his name, which were pledged in favour of Registrar, Civil Court, Vaishali, Hajipur. The said Kishan Vikash Patras bear the signature of Assistant Post Master, Hajipur Post Head Office and when the same were presented before the Registrar, Civil Court, Hajipur, it was not accepted. Due to non-acceptance of Kishan Vikash Patras, the petitioner is languishing in jail. The petitioner prays for modification of the order to the extent that Kishan Vikash Patras purchased in the name of petitioner and pledged in favour of Registrar, Civil Court, Vaishali, Hajipur be accepted. Order dated 3.12.2008 passed in Cr.Misc.No. 44842 of 2008 is modified to the extent that the Kishan Vikash Patras of the amount in question purchased in the name of petitioner and pledged in favour of Registrar, Civil Court, Vaishali, Hajipur be accepted by the Registrar, Civil Court, Vaishali, Hajipur who will keep them in safe custody and thereafter the petitioner shall be released as directed earlier by this Court on 3.12.2008 in Cr.Misc.No. 44842 of 2008. This modification application thus stands disposed of. Let this order be transmitted to the Chief Judicial Magistrate, Vaishali at Hajipur in Goraul P.S.Case No. 64 of 2008 through FAX at the cost deposited by the petitioner. Tahir/- ( Shyam Kishore Sharma, J.)