Patna High CourtCR. MISC./49314/2017allowed

Anoj Yadav @ Anuj Yadav @ Anuj Kumar Yadav v. The State Of Bihar

2017-10-16Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49314 of 2017 ======================================================

1. Anoj Yadav @ Anuj Yadav @ Anoj Kumar Yadav S/o Jichcho Yadav, R/o Village- Simariya, P.S.- Kahalgaon, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner sought modification of the order dated 16.08.2017, passed in Cr. Misc. No. 28998 of 2017, which was modified as one of the conditions imposed was that "one of the bailers would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned police station/court". He submitted that all the family members has been made accused, as such, the order could not be complied with.

Thereafter by order dated 16.10.2017, passed in the instant case, order dated 16.08.2017 was modified and the lines "within the jurisdiction of the concerned police station/ court" was deleted.

Patna High Court Cr.Misc. No.49314 of 2017 (3) dt.08-11-2017 2/2 Again modification of the order dated 16.10.2017 is being sought stating that all the family members, who are close relatives, are in custody, as such, the order could not be complied even after modification.

Learned counsel for the petitioner submits that the petitioner has a cousin brother, namely, Chhabil Yadav. Under such circumstances, orders dated 16.08.2017 and 16.10.2017 are modified to the extent that Chhabil Yadav would be one of the bailers of the petitioner. Modification application is, accordingly, allowed in connection with Kahalgaon P.S. Case No. 397/16, pending in the court of learned Chief Judicial Magistrate, Bhagalpur. (Nilu Agrawal, J) Rajesh/- U T