IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26814 of 2010 BINOD MAHTO Versus STATE OF BIHAR ----------- 02/ 28.07.2010 This application has been filed for modification of the order dated 29.06.2010 passed in Criminal Misc. No. 17189 of 2010 granting bail to the petitioner. The modification sought in the present application is in context with the condition no. (a), requiring the father of the petitioner to stand as one of the bailor and which reads as under: “(a) that the father of the petitioner would stand as one of the bailor and who would be under a duty to inform the court below in case the petitioner is named or gets involved in any further case of similar nature after his release and whereupon the court concerned shall cancel the bail bond of the petitioner on grounds of misuse”. The said condition requiring the father to be one of the bailors, had been set out in view of the cause title showing him alive. In the present application seeking modification, it has now been stated that the father of the petitioner had died earlier. Learned counsel submits that due to inadvertence the said fact could not be brought on record in the original application seeking bail. He submits that the mother of the petitioner or the 2 father-in-law of the petitioner, who has sworn affidavit in the present application, are prepared to stand as a bailor. Having regard to the circumstances set forth, the order dated 29.06.2010 passed in Criminal Misc. No. 17189 of 2010 granting bail to the petitioner is modified to the extent of condition no. (a) which would now be read as under: (a) That the father-in-law or the mother of the petitioner would stand as one of the bailor who would be under a duty to inform the court below in case the petitioner is named or gets involved in any further case of similar nature after his release in the present case and whereupon the court concerned would cancel the bail bonds of the petitioner on grounds of misuse. The order dated 29.06.2010 is modified to the aforesaid extent. Let the order be communicated to the court concerned by FAX at the expense of the petitioner. The application is disposed of. S.Sb/- (Jyoti Saran, J.)