IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.1795 of 2010 1. SUNIL SAHU, 2. Janardan Sahu & 3. Laxaman Sahu, All sons of Late Brahmdeo Sahu Versus THE STATE OF BIHAR ----------- 2/ 19.01.2010 This application has been filed for modification of the order dated 3.12.2009 passed in Cr. Misc. No.41627 of 2009, by which the petitioners have been granted bail by this court. It has been submitted that one of the conditions for grant of bail was that one of the bailors would be a close relative of the petitioners and when the wife of petitioner no.1 offered to be a bailor, she was refused on the ground that she did not have any property and, so, the maternal uncle of the petitioners offered himself as bailor who was also refused by the court below on the ground that he belonged to another Block/P.S. I do not understand why the Magistrate has refused the maternal uncle on the ground that he belonged to another Block/P.S. Since the condition was only to the effect that one of the bailors would be a close relative, only reliability of the bailor should be considered by the court below and should not go into unnecessary details to frustrate the object of bail. The Magistrate is directed to accept the maternal uncle, who is a close relative of the present petitioners, as one of the bailors, and release the petitioners on bail immediately. Let this order be communicated to the Chief Judicial Magistrate, Begusarai, in connection with Bakhari P.S. case no.115 of 2009, through fax at the cost of the petitioner. JA/- (Anjana Prakash, J.)