IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43915 of 2008 RAJIV KUMAR @ RAHUL KUMAR, S/O SHRI RAJNANDAN SINGH, R/O VILLAGE- MORLABIGHA, P.S.- CHANDI, DISTRICT- NALANDA Versus STATE OF BIHAR ----------- 2 22/10/2008 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks slight modification in the operative portion of the order dated 19.9.2008 passed in Cr. Misc. No. 23098 of 2008 by which the petitioner was directed to deposit a bank draft of Rs. 30,000/- in favour of the petitioner in the court below and after depositing the same the draft was ordered to be handed over to informant on his proper undertaking that the amount shall be the subject matter of consideration of the case. Submission is that the petitioner has prepared a bank draft of Rs. 30,000/- in favour of the informant and is ready to deposit the same in the court below but the informant is not willing to give undertaking that the amount shall be the subject matter of the decision of the case. This conduct of the informant is for putting the petitioner behind the bar. Accordingly, the order dated 19.9.2008 passed in Cr. Misc. No. 23098 of 2008 is modified to the extent that no undertaking is required by the informant and the petitioner will deposit the bank draft prepared in favour of the informant in the court below and as soon as the bank draft deposited, the petitioner would be released on bail as directed vide order dated 19.9.2008 passed in Cr. Misc. No. 23098 of - 2 - 2008. Thereafter, it shall be upon the court to hand over the draft to the informant and the court will procure the undertaking that the amount shall be the subject matter of the decision of the case. The petitioner should be released immediately after depositing the bank draft in the court below. In the result this modification application is allowed to the extent indicated above. Let this order be communicated to the court below at the cost of the petitioner by fax. avin (Shyam Kishore Sharma, J.)