IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23447 of 2010 SHEKH NURUL HODA Versus THE STATE OF BIHAR & ANR ----------- 2 7.7.2010 Heard the parties. By an order dated 6.5.2010 passed in Cr. Misc. No. 12294 of 2010 by a reasoned and speaking order the petitioner was granted anticipatory bail in connection with Lauriya P.S. Case No. 06 of 2010 subject to deposit of Rs. 50,000/- within a period of four weeks from that date. It was also stipulated in that order that if petitioner fails to deposit the aforesaid amount within the time fixed by this court then, it will be construed that the prayer made on behalf of the petitioner for grant of anticipatory bail has finally been rejected by this Court and in that case he would be obliged to seek regular bail in the court below. For ready reference relevant portion of the order dated 6.5.2010 passed in Cr. Misc. no. 12294 of 2010 is reproduced herein below: “It is made clear that the deposit made by the petitioner shall be subject to the out come of the trial in the case and the deposit made by the petitioner would not be construed as admission of the guilt. However, if the petitioner fails to deposit the aforesaid amount within the time fixed by the Court, then it will be construed that the prayer made by the petitioner for anticipatory bail has finally been rejected by this Court and then in that case he would be obliged to seek regular bail in the court below.” The present petition has been filed for modification of the aforesaid order dated 6.5.2010 and it has been admitted that petitioner did not deposit the requisite amount of Rs. 50,000/-(fifty thousand) within the time prescribed by this Court. In view of clear stipulation in the aforesaid order dated - 2 - 6.5.2010 passed in Cr. Misc. No. 12294 of 2010 due to non-deposit of the aforesaid amount of Rs. 50,000/-(fifty thousand) within the period of four weeks from that date, the prayer made on behalf of the petitioner for grant of anticipatory bail stood rejected after expiry of four weeks from that date. In the aforesaid facts and circumstances the present petition filed on behalf of petitioner for modification of the aforesaid order dated 6.5.2010 passed in Cr. Misc. No. 12294 of 2010 is dismissed. The petitioner must surrender in the court below forthwith and seek regular bail, if so advised. ( Birendra Prasad Verma, J. ) M.Rahman