Md. Kalam v. The State Of Bihar
Case brief
What is this about?
The Patna High Court modified an existing bail order in Cr. Misc. 8888 of 2016 to replace the deceased mother of the petitioner as a surety with his cousin brother.
What did the court decide?
The order dated 21.6.2010 is modified to permit the petitioner's cousin brother in place of his deceased mother as the other bailor.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18248 of 2016 ====================================================== Md. Kalam, Son of Late Kasim Resident of Village- Amona, P.S.- Jogbani, Dist- Araria. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ramesh Kumar Singh, Adv. For the State : Mr. Anil Kr. Singh, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2 27-04-2016 Heard learned Counsel for the petitioner and the State. This application has been filed for modification of the order dated 21.6.2010 passed by this Court in Cr. Misc. 8888 of 2010.
It appears that the Petitioner was allowed bail by the order dated 21.6.2010 passed by this Court in Cr. Misc. 8888 of 2010 in which one of the conditions was that the another bailor shall be his mother.
It has been submitted that the mother of the Petitioner is dead, and, therefore, in place of his mother, he be permitted to stand his cousin brother as another bailor.
In view of the aforesaid, the order dated 21.6.2010 passed by this Court in Cr. Misc. 8888 of 2010 is modified to the extent that in place of his mother, his cousin brother shall be the
Patna High Court Cr.Misc. No.18248 of 2016 (2) dt.27-04-2016
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another bailor.
The application stands allowed.
Issues for consideration
1 issue framed by the court
Whether the bail conditions requiring the petitioner's mother as a bailor can be modified when the mother has died.
Parties & counsel
- petitioner
Md. Kalam
- respondent
The State of Bihar
Coram
Anjana Prakash
Case details
As recorded by the court registry
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