IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.2353 of 2011
Md. Sayum son of late Md. Bashir, resident of village-
Jafarabad, P.S. Dishari, District- Vaishali --- Petitioner.
Versus
THE STATE OF BIHAR
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2/ 19-01-2011 Heard the parties.
The present petition has been filed on behalf of
the petitioner seeking modification of order dated
27.10.2010 passed in Cr. Misc. No. 24400 of 2010 whereby
the petitioner was granted bail in connection with Sessions
Trial No. 727 of 2007, arising out of Gardanibagh P.S. Case
No. 138 of 2006, subject to certain conditions. One of the
conditions was that one of the bailors must be a
government servant. Learned counsel for the petitioner
submits that though the order was passed as far back as
on 27.10.2010 and the petitioner is in judicial custody
since 10.02.2006, but he has not been able to arrange any
government servant to stand as his bailor. He submits that
if that condition is not deleted/ modified, then the order
granting bail shall become infructuous.
For the reasons stated in the present
modification petition, the order dated 27.10.2010 passed
in Cr. Misc. No. 24400 of 2010 is modified to the extent
that out of two bailors, one of the bailors must be a family
member or close relative of the petitioner. Government
servant is not required to be made as a bailor and that
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condition is waived herein.
With the aforesaid observation/direction, the
present modification petition is allowed and the order
dated 27.10.2010 stands modified, to the extent indicated
above.
Let the above named petitioner be released on
bail in terms of the aforesaid order dated 27.10.2010 on
fulfillment of other conditions indicated in that order,
excepting the condition-A of that order.
Let this order be communicated to the court
below through fax at the cost of the petitioner.
( Birendra Prasad Verma, J.)
BTiwary/