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Patna High Court

NAND KISHOR SINGHversusThe State Of Bihar

Decided
Disposal
ALLOWED

Holding

The modification petition is allowed, and the earlier order is modified to direct the lower court to disburse the deposited amount to the petitioner.

Summary

Petitioner Nand Kishor Singh filed a petition seeking modification of an earlier order dated 05.02.2025, which had allowed the opposite parties to deposit a refund amount in the lower court but did not direct its release to the petitioner. The petitioner argued that, without a specific direction, the lower court could not hand over the deposited amount, preventing him from withdrawing it. The court examined whether the earlier order could be modified to include a directive for disbursement. It held that the modification was appropriate to ensure the petitioner could receive the deposited funds. Consequently, the court directed the lower court to disburse the amount to the petitioner and modified the earlier order accordingly.

Issues considered

  • Whether the earlier order granting permission for deposit can be modified to direct the lower court to disburse the deposited amount to the petitioner.

Subjects

  • modification of order
  • withdrawal of deposited amount
  • criminal miscellaneous proceedings
  • court direction
  • disbursement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85802 of 2025
                                              In
                              CRIMINAL MISCELLANEOUS No.76177 of 2023
                  Arising Out of PS. Case No.-931 Year-2022 Thana- COMPLAINT CASE District- Jamui
                 ======================================================
                 Nand Kishor Singh S/O Late Suresh Chandra Singh Resident Of Village-
                 Baghakhad, P.S.- Khaira, Dist.- Jamui, At Present R/O By Pass Road,
                 Mohalla- Mahisourhi, P.S. And Dist.- Jamui.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Nawal Kishor Singh Son Of Late Ambika Singh Resident Of Village-
                 Lalpur, P.S.- Khaira, Distt.- Jamui
           3.    Vikky Kumar @ Vikky Singh Son Of Nawal Kishor Singh Resident Of
                 Village- Lalpur, P.S.- Khaira, Distt.- Jamui

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjay Kumar Mishra, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Tiwary, A.P.P.
                 For the O.P. No. 2       :      Mr. Satyam Shivam Sundaram, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   24-04-2026                  Heard learned counsel for the parties.

                                2. This petition has been filed for modification of

                   order dated 05.02.2025 passed in Cr. Misc. No. 76177 of 2023

                   to the extent of grant of permission to the petitioner to withdraw

                   the amount deposited by the opposite party nos. 2 & 3 in the

                   concerned court below.

                                3. Learned counsel for the petitioner submits that

                   opposite parties have deposited the amount of refund before the

                   learned concerned court below but since there is no direction to

                   the learned court below to hand over the same to the
              Patna High Court CR. MISC. No.85802 of 2025(3) dt.24-04-2026
                                                          2/2




                        complainant/ this petitioner, hence he could not withdraw the

                        amount. Accordingly, learned counsel for the petitioner seeks

                        necessary permission to withdraw the aforesaid amount.

                                     4. In view of the aforesaid submission, learned court

                        below is directed to disburse the amount in question in favour of

                        this petitioner, namely, Nand Kishor Singh, at the earliest.

                                     5. Accordingly, modification petition is allowed and

                        order dated 05.02.2025 passed in Cr. Misc. No. 76177 of 2023 is

                        modified to the above extent only.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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