Patna High CourtCR. MISC./14570/2019disposed

Talib @ Md. Talib v. The State Of Bihar

2019-03-13Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14570 of 2019 In CRIMINAL MISCELLANEOUS No.2138 of 2019 Arising Out of PS. Case No.-497 Year-2018 Thana- KADAMKUAN District- Patna ====================================================== TALIB @ MD. TALIB Son of Anwar Abdin @ Annu Resident of MohallaD.N. Das Lane, Langertoli, P.S-Kadamkuan, Dist.-Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Fazal Rahman For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-03-2019 This application has been filed for modification of the condition no. (i) in para 4 of the order dated 16.01.2019 passed in Cr. Misc. No. 2138 of 2019.

2. It is submitted that the petitioner has been unable to comply with the condition no. (i) of para 4 of the order dated 16.01.2019 in Cr. Misc. No. 2138 of 2019 inasmcuh as there is no close relative of the petitioner to stand as bailor for the reasons enumerated in para 4 of the modification petition. It is stated that his own maternal uncle as well as the petitioner's mother's sister's husband are agreeable to stand as bailors for the petitioner, but the Court has refused to accept the bail bonds.

3. Having regard to the above, order dated 16.01.2019 is modified to the extent that if the petitioner's own maternal

Patna High Court CR. MISC. No.14570 of 2019(2) dt.13-03-2019 2/2 uncle offers himself as bailor for the petitioner, the learned Court below shall accept him as bailor and condition no. (i) of para 4 of the order dated 16.01.2019 shall be deemed to be substantially complied with.

4. The modification petition stands allowed.

5. Accordingly, the time granted for surrender and furnishing bail bond by the petitioner in terms of order dated 16.01.2019 in Cr, Misc. No. 2138 of 2019 is hereby extended by four weeks from today.

(Vikash Jain, J) Chandran/- U T