Patna High CourtCR. MISC./14489/2019disposed

Rajan Shukla And ANR v. The State Of Bihar

2019-03-13Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14489 of 2019 In CRIMINAL MISCELLANEOUS No.80540 of 2018 Arising Out of PS. Case No.-137 Year-2018 Thana- KALYANPUR District- East Champaran ====================================================== 1.

RAJAN SHUKLA Son of Sumit Kumar Shukla @ Sanit Shukla Resident of Village-Bahlolpur, P.S.- Kalyanpur, District - East Champaran 2.

Dhiraj Shukla Son of Sumit Kumar Shukla @ Sanit Shukla Resident of Village-Bahlolpur, P.S.- Kalyanpur, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.Ahtasham Ali Khan ====================================================== 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 24. 01.2019 passed in Cr. Misc. No. 80540 of 2018.

2. It is submitted that the petitioners who are own brothers, have been unable to comply with condition no. (i) of para 4 of the order dated 24. 01.2019 passed in Cr. Misc. No. 80540 of 2018 inasmcuh as there is no close relative of the petitioners except their mother to stand as bailor, for the reasons enumerated in para 6 of the modification petition. Learned counsel for the petitioners prays to be permitted that any Government servant be allowed to stand as bailors.

3. Having regard to the above, order dated 24.01.2019

Patna High Court CR. MISC. No.14489 of 2019(2) dt.13-03-2019 2/2 passed in Cr. Misc. No. 80540 of 2018 is modified to the extent that if a Government servant offers himself as bailor for either one of the petitioners, and the mother of the petitioners for the other, condition no. (i) of para 4 of the order dated 16.01.2019 shall be deemed to be substantially complied with and the learned Court below shall accept him as bailor.

4. The modification petition stands allowed.

5. Accordingly, the time granted for surrender and furnishing bail bond by the petitioners in terms of order dated 24.01.2019 passed in Cr. Misc. No. 80540 of 2018 is hereby extended by four weeks from today.

(Vikash Jain, J) Chandran/- U T