The court allowed a modification application seeking to replace the requirement of a bank guarantee with the provision of equivalent sureties for an already granted bail order, considering the petitioner's financial constraints.
Modification of the order dated 21.09.2022 to substitute bank guarantee requirement with equivalent sureties of Rs. 5,00,000/-.
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.67937 of 2023
In
CRIMINAL MISCELLANEOUS No.24617 of 2022
Arising Out of PS. Case No.-126 Year-2019 Thana- RAGHOPUR District- Vaishali
======================================================
Jaikant Rai S/O Sajivan Rai R/O Village- Sukimarpur, P.S- Raghupur, Distt.Vaishali, At Present Baglodan Gali, P.S- Chowk, Distt.- Patna.
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rudal Singh, Advocate For the Opposite Party/s : Mr.Nirmal Kumar Sinha, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER
2 01-12-2023
Heard Mr. Rudal Singh, learned counsel appearing
on behalf of the petitioner and Mr. Nirmal Kumar Sinha, learned APP for the State.
order dated 21.09.2022 passed in Cr. Misc. No.24617 of 2022.
3.Mr. Rudal Singh, learned counsel appearing on behalf of the petitioner seeks modification in order dated 21.09.2022 passed in Cr. Misc. No.24617 of 2022 to the extent that the petitioner is in jail, his son is just about 19 years and wife is illiterate. As such, the petitioner is not in a position to furnish bank guarantee of Rs.5,00,000/- (Five Lakhs), however, the learned counsel submits that the petitioner is ready to furnish sureties equivalent to Rs.5,00,000 /- (Five Lakhs).
Patna High Court CR. MISC. No.67937 of 2023(2) dt.01-12-2023 2/2
(Purnendu Singh, J)
chn/-
U
1 issue framed by the court
Whether the bail order can be modified to allow sureties instead of bank guarantee.
Jaikant Rai
The State of Bihar
Purnendu Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
