IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29583 of 2008 RAM SAGAR YADAV, Son of Late Bhumi Yadav, resident of Mohalla- Baluahi, P.S.Khagaria, District-Khagaria ----------------------- Petitioner Versus THE STATE OF BIHAR -------------- Opp.Party ----------- 6 25-03-2009 Heard Mr.S.R.C. Pandey, Sr. Advocate, learned counsel for the petitioner as also Mr. Vinay Kirti Singh, learned counsel for Bihar State Electricity Board as well as Mr.Jharkhandi Upadhaya, learned A.P.P. for the State. By order dated 28.4.2008 the petitioner Ram Sagar Yadav was conferred the privilege of the provisions of Section 438 Cr.P.C. on condition that the amount of Rs.56, 000/- by way of loss incurred to the Board would be paid in four equal instalments, the first of which was to be paid by 2nd May, 2008 and subsequent instalments by 2nd of each succeeding months. However , since the Electricity Board had not been impleaded as Opp.Party in the bail application nor there was any order of this Court to send a copy of the order dated 28.4.2008 to the Electricity Board as also the petitioner not filing any petition before the learned Chief Judicial Magistrate to the effect that in terms of the order dated 28.4.2008 the Executive Engineer be directed to receive the first instalment of the payment , the learned Chief Judicial Magistrate refused to accept the offer of the petitioner tendering instalments and also did not pass any order in respect of the benefits granted to the petitioner by this Court under Section 438 Cr.P.C. - 2 - Be that as it may, the petitioner is now ready to deposit the entire amount in one lump-sum before the authorities of the Bihar State Electricity Board. In that view of the matter, the petitioner is directed to deposit the entire amount of Rs.56, 000/- before the Electrical Executive Engineer, Electric Supply Division, Khagaria positively by 6th April, 2009. Let a copy of this order be communicated through fax to the learned Chief Judicial Magistrate, Khagaria by the office of this Court at the expense of the Court so as to reach the office of the learned Chief Judicial Magistrate by 28.3.2009. In the result, the application is allowed and the order dated 28.4.2008 passed in Cr.Misc.No.9305 of 2008 stands modified in the aforesaid terms. NKS/- ( Abhijit Sinha, J )