IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42771 of 2011 Manish Kumar, son of Arvind Kumar Sah, resident of Village Shobhani, P.S. Gangour, Dist. Khagaria. ------- Petitioner Versus The State of Bihar ----- Opp. Party ------------ 2 21.12.2011 Heard Mr. Vivekanand Singh, learned counsel for the petitioner in support of the prayer made in this application seeking modification of the order dated 15.12.2009 in Cr. Misc. No. 42749 of 2009, whereby and whereunder, the petitioner was directed to be released on provisional bail on certain conditions including deposit of amount of Rs. 1,95,000/- in the manner indicated in the order. Counsel for the petitioner has submitted that the petitioner had not only deposited Rs. 50,000/- but, also the next two installments of 29,000/- each and that he got delayed by a period of three days in depositing the third installment, whereafter, his provisional bail was cancelled. Mr. Singh, however, would indicate that the petitioner now is ready to deposit the entire rest amount of Rs. 87,000/- in one go within a period of four weeks. Considering the bonafide of the 2 petitioner that he had substantially complied the order by depositing a sum of Rs. 1,08,000/- out of 1,95,000/- and that there was only a default of three days in the payment of next installment of Rs. 29,000/-, this Court would modify the order dated 15.12.2009 in Cr.Misc. No. 42749 of 2009 to the extent that if the petitioner would deposit a sum of Rs. 87,000/- within a period of four weeks from today, he (Manish Kumar) shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Khagaria P.S. Case No. 384 of 2009 (G.R. No. 1351 of 2009), subject to the following conditions:- (i) The two bail bonds will be furnished, one by the Government servant and the other by a close family relative. (ii) The petitioner will remain present in course of trial on each and every day and his absence even for a single day would automatically entail the consequences of cancellation of his bail. (iii) The petitioner in case is now 3 made accused in any other criminal case, that would itself lead to cancellation of his bail. Let a copy of this order be sent to the trial court by FAX if the cost for the same is deposited by the learned counsel for the petitioner. Rsh (Mihir Kumar Jha, J.)