Patna High Court
Amresh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
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
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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,
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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.
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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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