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Patna High Court

Amresh Kumar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The provisional bail is extended for one year subject to a Rs.10,000 deposit with the District Legal Services Authority and a stipulated monthly repayment schedule.

Summary

The petitioner, Amresh Kumar Singh, had earlier been granted provisional bail on the condition that he would repay Rs.25 lakhs to complainant Rinky Devi and Rs.30 lakhs to Soni Arya within a year, but he paid only Rs.3 lakhs. He applied for modification of the bail order, citing his wife’s illness and resultant business losses, seeking additional time to complete the payments. The court examined the petitioner’s continued hardship, his undertaking to pay the remaining amounts, and the need to ensure compliance with the bail conditions. It consequently extended the provisional bail for another year, conditioned on a deposit of Rs.10,000 with the District Legal Services Authority and a structured repayment schedule of Rs.5 lakhs per month for the remaining sums. The trial court was directed to confirm the bail once the petitioner fulfills the payment obligations within the stipulated period.

Issues considered

  • Whether the provisional bail granted to the petitioner can be further extended despite partial payment of the stipulated compensation.
  • What conditions may be imposed on the extension of provisional bail to ensure compliance with the compensation order.

Subjects

  • provisional bail
  • bail modification
  • compensation payment
  • court order
  • illness
  • financial hardship
  • District Legal Services Authority

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80952 of 2025
                                              In
                              CRIMINAL MISCELLANEOUS No.69658 of 2024
                 Arising Out of PS. Case No.-7037 Year-2022 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Amresh Kumar Singh S/O Raj Kishore Singh R/O Village- Kapoorchak, P.S-
                 Naya Gaon, Distt.- Saran.

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Smt. Rinky Devi D/O Ram Dayal Ray, W/O Umesh Ray R/O Village-
                 Raibagh, P.S- Didarganj, Kachhi Dargah, Distt.- Patna at present residing at
                 Bairiya, P.S- Gopalpur, Distt.- Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner     :       Mr. Uday Chand Prasad, Advocate
                 For the State          :       Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The present modification application has been filed

                   for modification of the order dated 20.09.2024 passed by a Co-

                   ordinate Bench of this Court in Cr. Misc. No. 69658 of 2024 and

                   analogous case.

                                3. Earlier, this petitioner was granted provisional bail

                   by a Co-ordinate Bench of this Court vide order dated

                   07.08.2023 passed in Cr. Misc. No. 30875 of 2023 on assurance

                   that he is ready to return Rs. 25,00,000/- (Rupees Twenty Five

                   Lacs) and Rs. 30,00,000/- (Rupees Thirty Lacs) to the
Patna High Court CR. MISC. No.80952 of 2025(2) dt.09-01-2026
                                            2/4




          complainant, namely Rinky Devi and Soni Arya, respectively,

          within one year but he gave only Rs. 3,00,000/- to the

          complainant. Thereafter, the petitioner approached this Court for

          modification of the order dated 07.08.2023 passed in Cr. Misc.

          No. 30875 of 2023 vide Cr. Misc. No. 69658 of 2024 on the

          ground that due to illness of his wife, all the business and work

          of the petitioner has been badly hampered and he was also

          suffering from mental agony and as such, he could not make

          payment of the rest amount in due time and thus, prayed for

          further time to make payment of rest amount to the complainant,

          namely Rinky Devi and Soni Arya, within six months. The Co-

          ordinate Bench of this Court, vide order dated 20.09.2024

          passed in Cr. Misc. No. 69658 of 2024 and analogous case,

          allowed the aforesaid prayer, extended the provisional bail

          granted to petitioner by six months and further directed to make

          the payment of the defalcated amount within a period of six

          months.

                       4. Learned counsel for the petitioner submits that even

          now, due to illness of his wife, all the business and work of the

          petitioner has been badly hampered and as such, he could not

          make payment of the rest amount. He further submits that he

          will make payment of rest amount to the complainant, namely,
Patna High Court CR. MISC. No.80952 of 2025(2) dt.09-01-2026
                                            3/4




          Rinky Devi and Soni Arya within one year.

                       5. Considering the facts and circumstances of the case

          and the undertaking given by the petitioner, the provisional bail

          granted earlier vide order dated 07.08.2023 passed in Cr. Misc.

          No. 30875 of 2023 and extended vide order dated 20.09.2024

          passed in Cr. Misc. No. 69658 of 2024 and analogous case is

          further extended for a period of one year from today, subject to

          deposit of Rs. 10,000/- (Rupees Ten Thousand) to the

          concerned District Legal Services Authority and to furnish its

          receipt within a period of two weeks from today before the

          learned trial court where the case is pending.

                       6. The petitioner is directed to make payment of Rs.

          22,00,000/- to the complainant, namely Rinky Devi and Rs.

          30,00,000/- to Soni Arya within a period of one year in 11 equal

          monthly installments amounting to Rs. 5,00,000/- (Rupees five

          lakhs) each, starting from the next month i.e. February, 2026.

          Regarding the payment of Rs. 30,00,000/- to Soni Arya, the

          same will be deposited in the Nazarat of the learned trial court.

                       7. Learned court below is directed to confirm the

          provisional bail of the petitioner after verifying the fact that the

          petitioner has returned all amount to the complainant, namely

          Rinky Devi and Soni Arya, within one year from today.
             Patna High Court CR. MISC. No.80952 of 2025(2) dt.09-01-2026
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                                    8. With the aforesaid observation and direction, order

                       dated 20.09.2024 passed in Cr. Misc. No. 69658 of 2024 is

                       modified to the above extent and this modification petition is

                       allowed.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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