Petitioner applied to modify bail conditions after his father's death. Court modified order 10.11.2014 to require uncle Indal Yadav as bailor instead. Application disposed of.
Order dated 10.11.2014 modified to replace deceased father with uncle Indal Yadav as bailor.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50689 of 2014
Arising out of Criminal Miscellaneous No. 13276 of 2014
====================================================== Arun Kumar Yadav son of Late Prem Yadav resident of village - Gerbari Jurabganj, P.S. Korha, District - Katihar
.... .... Petitioner/s Versus
The State of Bihar
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s :
For the Opposite Party/s :
======================================================
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
2 21-01-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The present application seeks modification in order dated 10.11.2014 passed in Cr. Misc. No. 13276 of 2014 to the extent that a condition fixed that one of the bailors shall be the father of the petitioner be modified as he is dead.
Learned counsel for the petitioner submits that due to inadvertence such fact was not indicated in the main application of
Patna High Court Cr.Misc. No.50689 of 2014 (2) dt.21-01-2015
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Cr. Misc. No. 13276 of 2014 and thus the Court being unaware of such fact had passed the order.
Learned A.P.P. does not oppose the application.
Upon hearing learned counsel for the parties and considering the averments made in the application, the order dated 10.11.2014 passed in Cr. Misc. No. 13276 of 2014 stands modified to the extent that in place of one of the bailors being the father of the petitioner, it shall be Indal Yadav, the uncle of the petitioner who has also affirmed the affidavit in the present case. The rest of the terms and conditions of the order dated 10.11.2014 in Cr. Misc. No. 13276 of 2014 shall remain unchanged.
The application stands disposed off in the aforementioned terms.
The order be communicated to the court below through Fax also at the cost of the petitioner.
(Ahsanuddin Amanullah, J)
Anjani/-
U T
1 issue framed by the court
Whether the bail order dated 10.11.2014 can be modified to substitute one of the bailors due to the death of the petitioner's father?
Arun Kumar Yadav
The State of Bihar
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
