Raja Murad @ Murad Ahmed @ Murad Ahmed Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49000 of 2023 In CRIMINAL MISCELLANEOUS No.64716 of 2022 Arising Out of PS. Case No.-92 Year-2001 Thana- BARACHATTI District- Gaya ====================================================== RAJA MURAD @ MURAD AHMED @ MURAD AHMED ANSARI Son of Late Karar Hussain Resident of village - Parasiya, P.s. - Navinagar, Distt. - Aurangabad ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aman Vishal, Advocate For the Opposite Party/s :

Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-08-2023 1.

The instant petition has been filed by the petitioner for modification of the order dated 28.04.2023 passed in Cr. Misc. No.64716 of 2022 whereby the petitioner was granted regular bail with certain conditions. One of the conditions therein, i.e., condition No.III was "One of the bailors shall be a close relative of the petitioner who has sworn affidavit in this miscellaneous petition."

2.

However, it is submitted by learned counsel for the petitioner that in following with the condition No.III of the bail order dated 28.04.2023, Iftekhar Alam Ansari, son of this petitioner, who had sworn affidavit in Cr. Misc. No.64716 of 2022, had to be one of the bailors so he filed his bail bond

Patna High Court CR. MISC. No.49000 of 2023(2) dt.02-08-2023 2/2 with the documents of rent receipt of land which is in the name of his grandfather as sureties but the same was not accepted by the trial Court giving reason that the documents furnished as sureties are not in his name and accordingly the bail bonds were not accepted. It is further submitted that son of the petitioner does not possess any movable or immovable property registered under his own name, as such he is unable to furnish his bail bonds with sureties and as a result of which the petitioner cannot be released from jail and accordingly it is prayed by petitioner's counsel either to modify the said condition No.III or delete the same, so that the petitioner can be released. 3.

Considering the above submissions, the condition No.III of the order dated 28.04.2023 is hereby deleted and the said order will contain condition Nos.(i) and (ii) only. 4.

The order dated 28.04.2023 passed in Cr.

Misc. No.64716 of 2022 is modified to the extent as indicated above.

5. Hence, the modification petition stands allowed. (Shailendra Singh, J) sangam/- U T