Birendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49629 of 2017 ====================================================== Birendra Kumar, son of Shiv Kumar Prasad @ Ram Sharan Sao, resident of Silao, Ward No. 5, P.S. Silao, District Nalanda. At present Mohalla Khandakpar, P.S. Bihar, District Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks modification of the order dated 03.08.2017, passed in Cr. Misc. No. 25689 of 2017 stating therein that while granting bail one of the conditions was that "one of the bailors would be close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned police station, who will file an affidavit stating his relationship with the petitioner".

Learned counsel for the petitioner submits that he is a resident of Nalanda district and has no relative within the jurisdiction of Chewara P.S. or Sheikhpura district, hence, seeks modification of the said condition.

Considering the facts and circumstances and the

Patna High Court Cr.Misc. No.49629 of 2017 (2) dt.18-10-2017 2/2 materials on record, the words "within the jurisdiction of the concerned police station" is deleted.

Order dated 03.08.2017 is modified to the extent indicated above.

Modification application is, accordingly, allowed in connection with Chewara P.S. Case No. 18/17, pending in the court of learned Chief Judicial Magistrate, Sheikhpura. (Nilu Agrawal, J) Rajesh/- U T