Single judge modified an earlier bail order to allow any solvent person instead of the vehicle owner's wife as surety, owing to the owner's unmarried status, and directed action against the owner's non-compliance.
Paragraph modified to allow any solvent person as surety; court below directed to take action against the vehicle owner for non-compliance.
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.10012 of 2022
In
CRIMINAL MISCELLANEOUS No.44147 of 2021
Arising Out of PS. Case No.-174 Year-2021 Thana- PALIGANJ District- Patna
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VIMAL KUMAR Son of Late Ram Das Sao Resident of Village - Purani Saraiya, P.S.- Paliganj, Distt.- Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Singh, Advocate. For the Opposite Party/s : Mr.Chandra Sen Prasad Singh, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 02-03-2022 Heard the parties.
The petitioner has made specific statement in
Paragraph Nos. 4 and 5 of the present modification application that owner of the vehicle bearing Registration No. BR 01AM 5199 namely Suraj Kumar is unmarried and as such the condition imposed in the order dated 11.01.2022 that one of the bailor should be the wife of the owner of the aforesaid vehicle be modified.
Considering the specific statement made by the petitioner in Paragraph Nos. 4 and 5 of the modification application, the order dated 11.01.2022 is modified to the extent that any of the solvent person may be one of the bailor on behalf of the petitioner. The other conditions shall remain same as imposed vide order dated 11.01.2022 passed in Cr. Misc. No.
Patna High Court CR. MISC. No.10012 of 2022(2) dt.02-03-2022 2/2
44147 of 2021.
In view of the order dated 11.01.2022, court below is directed to take appropriate legal action against Suraj Kumar, the owner of the vehicle bearing Registration No. BR 01AM 5199 who has refused to become bailor on behalf of the petitioner in complete defiance of the order of this Court.
Accordingly, the modification application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
1 issue framed by the court
Whether to modify an existing bail condition requiring a spouse as surety on facts showing the owner is unmarried.
Vimal Kumar
The State of Bihar
Purnendu Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
