IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.22452 of 2010 PRABHAT KUMAR PRATIHAST @ PRABHAT KUMAR PRATIHASTA Versus THE STATE OF BIHAR ----------- 2/ 07.07.2010 Heard learned counsel for the petitioner and the State. This Court by order dated 15.03.2010 passed in Cr. Misc. 42612 of 2009 had allowed the petitioner provisional bail for six weeks and directed him to hand over charge to the successor. It is relevant to state that as petitioner had not handed over charge of cash amounts, postal orders, stamps etc., Arer P.S. case no. 84 of 2009, G.R. No. 1427 of 2009 under Sections 466, 467 and 468 of the Indian Penal Code was instituted against the petitioner. It would appear from paragraph 5 of this application that only on 17.05.2010 petitioner actually handed over charge. Prior to that he adopted a peculiar method of handing over charge after a delay of ten months by dispatching letter, instead of handing over same in person. The petitioner in this modification application prays for condoning the delay in handing over charge. In the facts and circumstances of the case, if he has handed over the charge, then on his so appearance before the Chief Judicial Magistrate, Madhubani prior to 28.07.2010, the provisional bail granted to him would stand confirmed. The petitioner would cooperate in the trial. In case, petitioner delays the court’s proceeding deliberately and without sufficient cause, learned court below would be at liberty to cancel the bail bond. - 2 - With the aforesaid direction, this modification application is allowed, subject to the conditions mentioned aforesaid. Let this order be sent to the court of Chief Judicial Magistrate, Madhubani in Arer P.S. case no. 84 of 2009 through FAX at the cost of the petitioner. Uday/ (Samarendra Pratap Singh, J.)