IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27450 of 2009 SUSHIL MOHAN MANDAL & ORS Versus STATE OF BIHAR ----------- 3. 16.09.2009 Heard the counsel for the petitioner and the counsel appearing for the state. Petitioner has filed this application for modification of order dated 06.02.2009 passed in Cr. Misc. No. 46366 of 2008 whereby anticipatory bail was allowed to Shambhu Mandal and Barun Kumar Mandal on their appearance before the concerned court within four weeks from the date of order and on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each. So far petitioner No. 1, Sushil Mohan Mandal , is concerned, he was allowed provisional anticipatory bail subject to condition that he will deposit Rs 73,000/- in three installments in the court below within three months from the date of his first appearance before the court. The bail bond furnished on behalf of the petitioner Nos. 2 & 3 was accepted and they were granted anticipatory bail as pere direction of this court. Petitioner No. 1 appeared before the colurt below on 04.03.2009 and deposited first installment of Rs 25,000/-, as such, provisional anticipatory bail was granted to him. From the order sheet of Sri S.M.F. Bari, Judicial Magistrte, Ist Class, Katihar , it transpires that the second installment of Rs 24,000/- was deposited by the petitioner on 20.04.2009. So far the third installment is concerned, as per 2 petitioner’s calculation; it was to be deposited by 03.06.2009. However, the petitioner deposited the residual 24,000/- through Cheque on 30.05.2009 but the Judicial Magistrate, Ist Class, Katihar refused to accept the amount and cancelled bail bond of the petitioner No. 1 who was on provisional anticipatory bail. The other two petitioners whose bail bond was earlier accepted by the court below as per direction of this court, was also cancelled. Non bailable warrant of arrest was also issued against the petitioners. The order passed by the Judicial Magistrate is completely in violation of the direction of this court. The petitioner deposited the amount within three months of his appearance as per the direction of this court. Three months’ time was to be completed on 03.06.2009. The court became too technical and passed an order not only cancelling provisional anticipatory bail granted to petitioner No. 1 Sushil Mohan Mandal but also those two petitioners in whose case, no such condition was imposed by this court. The order dated 06.02.2009 passed by Sri S.M.F. Bari, Judicial Magistrate, Ist Class, Katihar is quashed. Petitioner Nos. 2 & 3 , namely, Shambhu Mandal and Barun Kumar Mandal whose bail bond was earlier accepted, they will remain on same bail bond as executed earlier. Petitioner No. 1, Sushil Mohan Mandal will also remain on same bail bond on which, he was granted provisional anticipatory bail. The petitioner, within three weeks from today, will deposit the last installment amount in the court below, and it shall 3 be accepted by the Judicial Magistrate. Provisional anticipatory bail granted to petitioner, Sushil Mohan Mandal shall be affirmed by the court below. Let copy of the order be communicated to the concerned court through fax at the cost of the petitioner. AKV/ (Mridula Mishra, J.)