Jumaid Shekh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Jumaid Shekh Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Modification application allowed: the order dated 22.11.2024 in Cr. Misc. No.75909 of 2024 was modified so that one of the bailors of the petitioner shall be his mother Shaakila Khatoon; the office was further directed to trace out the supplementary affidavit filed on behalf of the petitioner and tag it with the instant modification application.

Issue for consideration

Whether the bail condition fixed by the order dated 22.11.2024 in Cr. Misc. No.75909 of 2024 — naming the petitioner's father (who died on 09.08.2013, with 'Late' inadvertently omitted from his description) as one of the bailors — should be modified by substituting another person as bailor.

Court's answer

The order dated 22.11.2024 in Cr. Misc. No.75909 of 2024 is modified to the extent that one of the bailors of the petitioner shall be his mother Shaakila Khatoon (in place of his deceased father).

Detailed headnote1 paragraphs

Bail-surety modification — Patna High Court (Satyavrat Verma, J), oral order dated 25-04-2025 in Criminal Miscellaneous No.14561 of 2025 (arising from Cr. Misc. No.75909 of 2024; PS Case No.24 of 2024, P.S. Kanhauli, District Sitamarhi): the petitioner, Jumaid Shekh, earlier granted regular bail by order dated 22.11.2024 on the condition that his father, Wakil Shekh @ Md. Wakil, act as one of the bailors, sought modification because the father had in fact died on 09.08.2013 — evidenced by letter no.592 dated 17.12.2024 of Anita Devi, Sarpanch, Gram Kutchery, Vishanpur Aadhar (certificate annexed as Annexure-P/2 to a supplementary affidavit filed 21.04.2025) — and the word 'Late' had been inadvertently omitted before the father's name in the earlier order. The Court considered the submissions and modified the order dated 22.11.2024 to the extent that one of the bailors shall be the petitioner's mother, Shaakila Khatoon, and directed the office to trace out the supplementary affidavit and tag it with the modification application.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14561 of 2025

In

CRIMINAL MISCELLANEOUS No.75909 of 2024

Arising Out of PS. Case No.-24 Year-2024 Thana- KANHAULI District- Sitamarhi

======================================================

Jumaid Shekh, Son of Late Wakil Shekh @ Late Md. Wakil R/O-Village - Vishanpur Adhar P. S. - Kanhauli Dist. - Sitamarhi

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Virendra Kumar For the Opposite Party/s : Mr.Kalyan Shankar

======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

ORAL ORDER

5 25-04-2025

Heard learned counsel for the petitioner and

learned APP for the State.

The learned counsel for the petitioner submits that petitioner was granted regular bail by an order dated 22.11.2024 in Cr. Misc. No.75909 of 2024 with a condition that one of the bailors of the petitioner shall be his father, namely, Wakil Shekh @ Md. Wakil.

The learned counsel for the petitioner submits that inadvertently, while describing the petitioner in Cr. Misc. No.75909 of 2024, the word ‘Late’ was not prefixed before the name of the father of the petitioner. It is next submitted that father of the petitioner died on 09.08.2013 as would manifest from letter no.592 dated 17.12.2024 issued by Anita Devi,

Patna High Court CR. MISC. No.14561 of 2025(5) dt.25-04-2025 2/2

Sarpanch Gram Kutchery, Vishanpur Aadhar. It is further submitted that the certificate issued by the Sarpanch is annexed as Annexure- P/2 to the supplementary affidavit filed on behalf of the petitioner on 21.04.2025.

Considering the submissions made by the learned counsel appearing on behalf of the petitioner, the order dated 22.11.2024 in Cr. Misc. No.75909 of 2024 is modified to the extent that one of the bailors of the petitioner shall be his mother Shaakila Khatoon.

The order dated 22.11.2024 in Cr. Misc. No.75909

of 2024 is modified to the extent as indicated above.

The office is directed to trace out the supplementary affidavit filed on behalf of the petitioner and to tag with the instant modification application.

(Satyavrat Verma, J)

vikash/-

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