This Order allowed a modification application by a petitioner accused in a PS case. The court permitted furnishing sureties other than blood relatives due to the impossibility caused by the entire family being arrayed as accused.
Petitioner permitted to file any other bailors in place of blood relatives as stated in Condition No. 1.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5931 of 2019
Arising Out of PS. Case No.- Year-0 Thana- District- Patna
======================================================
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Kumar Uday Singh For the Opposite Party/s : Mr.Kumar Ranjit Ranjan ======================================================
CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
2 01-02-2019
Heard learned counsel for the petitioners and learned
counsel for the State.
The petitioner has filed the present modification application for a change in Condition No. 1 of the order passed on 10.01.2019.
Learned counsel for the petitioners submits that the entire family of the accused has been arrayed as an accused persons in connection with the present case and, as such, it is practically impossible for them to be the bailors for the present petitioners. It is thus, submitted that the aforementioned conditions may be modified to the extent and the petitioners may be permitted to furnish sureties of any other bailors to the satisfaction of the Court below.
Patna High Court Cr.Misc. No.5931 of 2019(2) dt.01-02-2019 2/2
Considering the submissions made in the modification application and the practical as well as legal difficulties expressed on behalf of the petitioners, let the Condition No. 1 be altered to the said extent and the petitioners may be permitted to file any other bailors in place of the blood relatives as stated in Condition No. 1.
The modification application is allowed to the said extent and the other terms and conditions of the order dated 10.01.2019 shall remain the same.
(Anjana Mishra, J)
Jagdish/-
U T
1 issue framed by the court
Whether the bail conditions requiring surety to be furnished by blood relatives can be modified due to the entire family being arrayed as accused.
Mala Devi and Rahul Kumar
The State of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
