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Patna High CourtCR. MISC./79577/2019disposed

Pawan Kumar Sada @ Pawan Sada v. The State Of Bihar

2020-01-09Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79577 of 2019 In CRIMINAL MISCELLANEOUS No.39426 of 2019 Arising Out of PS. Case No.-102 Year-2018 Thana- PIRI BAZAR District- Lakhisarai ====================================================== PAWAN KUMAR SADA @ PAWAN SADA Son of Bibhishan Sada Resident of Village - Bariyarpur, Police Station - Piri Bazar, District - Lakhisarai. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dinesh Saw Son of Late Bandar Saw Resident of Village - Bariyarpur, Police Station - Piri Bazar, District - Lakhisarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar,Adv For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. This application has been filed for modification of the condition no. (i) in para 5 of the order dated 21.08.2019 passed in Cr. Misc. No. 39426 of 2019.

3. It is submitted that the petitioner has been unable to comply with the condition no. (i) of para 5 of the order dated 21.08.2019 passed in Cr. Misc. No. 39426 of 2019 inasmuch as there is no close relative of the petitioner to stand as bailor for the reasons enumerated in para 5 of the modification petition.

4. A statement is made at the Bar that the own maternal uncle of the petitioner is agreeable to stand as one of the bailors for the petitioner as the Court has refused to accept his bail bond.

5. Having regard to the above, order dated 21.08.2019 is modified to the extent that if the petitioner's own maternal

Patna High Court CR. MISC. No.79577 of 2019(2) dt.09-01-2020 2/2 uncle offers himself as a bailor for the petitioner, the learned Court below shall accept him as bailor and condition no. (i) of para 5 of the order dated 21.08.2019 shall be deemed to be substantially complied with.

6. The modification petition stands allowed.

7. Accordingly, the time granted for surrender and furnishing bail bond by the petitioner in terms of order 21.08.2019 in Cr. Misc. No. 39426 of 2019 is hereby extended by four weeks from today.

(Vikash Jain, J) Chandran/- U T