Patna High CourtCR. MISC./25207/2017allowed

Niraj Sharma And ANR v. The State Of Bihar

2017-06-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25207 of 2017 ======================================================

1. Niraj Sharma Son of Birendra Mistri @ Birendra Sharma

2. Janki Mandal Son of Late Karu Mandal @ Late Shiv Shankar Mandal Both are residents of Village - Bhadaweri, P.S. - Hansdiha, District - Dumka (Jharkhand).

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-06-2017 By way of present modification application, petitioners seek to modify one of the conditions of the order 18.04.2017 passed in Criminal Miscellaneous No. 16842 of 2017, vide which the petitioner was allowed regular bail.

It has been submitted that vide order 18.04.2017 passed in Criminal Miscellaneous No. 16842 of 2017, petitioners were granted regular bail and among other conditions one of the condition was that 'the bailors of the petitioners shall be close relatives of the petitioners having sufficient immovable properties within the jurisdiction of the concerned court' however, it is submitted that petitioners have no close relative in the district of Banka and prayed that the said condition of the order dated 11.04.2017 be modified.

Patna High Court Cr.Misc. No.25207 of 2017 (2) dt.21-06-2017 2/2 Considering the averments made in the modification and also the submissions of learned counsel for the petitioners, the said condition is modified to the extent that the same be read as "one of the bailors of the petitioners shall be a respectable person of the society or a public representative having sufficient immovable property within the jurisdiction of the concerned court and another should be close relative of the petitioner". With the above modification in order dated 11.04.2017, this application is allowed.

(Vinod Kumar Sinha, J) sunil/- U