IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.6498 of 2011
BIHARI YADAV
Versus
THE STATE OF BIHAR
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2. 9.3.2011. Heard learned counsel appearing on
behalf of the petitioner and the learned
counsel appearing on behalf of the State.
This application under section 482
of the Code of Criminal Procedure has been
filed seeking modification of the cause
title and the stipulation set out in the
order granting bail to the petitioner dated
9.11.2010 passed in Cr.Misc.No.40215 of
2010.
Learned counsel for the petitioner,
with reference to a death certificate
enclosed to the modification application,
submits that although the father of the
petitioner Baleshwar Yadav stood deceased
on 30.9.2010, but due to inadvertence and
oversight, this important fact was not
mentioned in the vakalatnama furnished from
the jail and which led to the error in the
cause title of the bail application showing
the father of the petitioner as alive. He
submits that in these circumstances,
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although the petitioner was granted bail on
9.11.2010, but he has not yet been released
for the reasons that the conditions
stipulated in the order granting bail
required the father of the petitioner to
stand as one of the bailors and to inform
the court below in case the petitioner is
found involved in further case of similar
nature after his release in the present
case. Learned counsel, in these
circumstances, prays for modification of
the order dated 9.11.2010 in so far as the
cause title as also the condition
stipulated therein are concerned.
Regard being had to the submissions
of the learned counsel and of the evidence
available on the record of the proceedings,
the order dated 9.11.2010passed in
Cr.Misc.No.40215 of 2010 in so far as the
cause title thereof and the condition
stipulated therein, are concerned, is
modified.
The cause title of the order dated
9.11.2010 passed in Cr.Misc.No.40215 of
2010 would read as follows:
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“Bihari Yadav son of Late Baleshwar
Yadav, resident of Village-Biranwan Tola,
P.S.Natwar, District-Rohtas at Sasaram.”
The condition stipulated in the
order dated 9.11.2010 would now read as
follows:
“Taking into consideration the
circumstances and considering the
submissions of the learned counsel, let the
petitioner Bihari Yadav be released on bail
on furnishing bail bonds of Rs.10,000/-
(ten thousand) with two sureties of the
like amount each to the satisfaction of the
Sub-Divisional Judicial Magistrate,
Bikramganj, Rohtas at Sasaram in connection
with Natwar P.S.Case No.25 of 2010 subject
to the condition that the brother of the
petitioner who has sworn the affidavit
before this court, namely, Butan Yadav,
would stand as one of the bailors and who
would be under a duty to inform the court
below in case this petitioner after his
release in the present case is named or is
found involved in any further case of
similar nature and whereupon the court
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below shall be at liberty to cancel the
bail bond of the petitioner and take him
into custody on grounds of misuse.”
The order dated 9.11.2010 stands
modified to the extent indicated above.
The modification application is
allowed.
Learned counsel for the petitioner
is permitted to deposit the fee for
communication of this order to the court
concerned by Fax.
ahk (Jyoti Saran, J)