IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6498 of 2011 BIHARI YADAV Versus THE STATE OF BIHAR ----------- 2. 9.3.2011. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. This application under section 482 of the Code of Criminal Procedure has been filed seeking modification of the cause title and the stipulation set out in the order granting bail to the petitioner dated 9.11.2010 passed in Cr.Misc.No.40215 of 2010. Learned counsel for the petitioner, with reference to a death certificate enclosed to the modification application, submits that although the father of the petitioner Baleshwar Yadav stood deceased on 30.9.2010, but due to inadvertence and oversight, this important fact was not mentioned in the vakalatnama furnished from the jail and which led to the error in the cause title of the bail application showing the father of the petitioner as alive. He submits that in these circumstances, 2 although the petitioner was granted bail on 9.11.2010, but he has not yet been released for the reasons that the conditions stipulated in the order granting bail required the father of the petitioner to stand as one of the bailors and to inform the court below in case the petitioner is found involved in further case of similar nature after his release in the present case. Learned counsel, in these circumstances, prays for modification of the order dated 9.11.2010 in so far as the cause title as also the condition stipulated therein are concerned. Regard being had to the submissions of the learned counsel and of the evidence available on the record of the proceedings, the order dated 9.11.2010passed in Cr.Misc.No.40215 of 2010 in so far as the cause title thereof and the condition stipulated therein, are concerned, is modified. The cause title of the order dated 9.11.2010 passed in Cr.Misc.No.40215 of 2010 would read as follows: 3 “Bihari Yadav son of Late Baleshwar Yadav, resident of Village-Biranwan Tola, P.S.Natwar, District-Rohtas at Sasaram.” The condition stipulated in the order dated 9.11.2010 would now read as follows: “Taking into consideration the circumstances and considering the submissions of the learned counsel, let the petitioner Bihari Yadav be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas at Sasaram in connection with Natwar P.S.Case No.25 of 2010 subject to the condition that the brother of the petitioner who has sworn the affidavit before this court, namely, Butan Yadav, would stand as one of the bailors and who would be under a duty to inform the court below in case this petitioner after his release in the present case is named or is found involved in any further case of similar nature and whereupon the court 4 below shall be at liberty to cancel the bail bond of the petitioner and take him into custody on grounds of misuse.” The order dated 9.11.2010 stands modified to the extent indicated above. The modification application is allowed. Learned counsel for the petitioner is permitted to deposit the fee for communication of this order to the court concerned by Fax. ahk (Jyoti Saran, J)