IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35177 of 2010 ANIL MAHTON Versus THE STATE OF BIHAR ----------- 04/ 08.11.2010 Heard learned counsel appearing for the petitioner and the State. This application has been filed on behalf of the petitioner for modification of the order dated 04.08.2010 passed in Criminal Misc. No. 26103 of 2010 whereunder bail was granted to the petitioner subject to the condition that the father of the petitioner would stand as one of the bailor. Learned counsel for the petitioner with the support of the statement made in this application as also the supplementary affidavit filed today, submits that the father of the petitioner stood deceased at the stage of filing of the bail application and which relevant fact could not be brought on record and that fact due to inadvertence was omitted to be mentioned in the Vakalatnama as well as in the bail application resulting in the condition stipulated in the order. Learned counsel for the petitioner has filed a supplementary affidavit while enclosing certificate issued by the Mukhiya of the local Gram Panchayat certifying the death of the father of the petitioner. Having regard to the submissions made in the application as also in the supplementary affidavit filed today, the order dated 04.08.2010 passed in Criminal Misc. No. 26103 2 of 2010 is modified to the extent that the condition stipulating the father of the petitioner to stand as one of the bailor would now stand replaced by the condition requiring Sri Upendra Mahto who has sworn the affidavit in the present application to stand as one of the bailor 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 found involved in any further case of similar nature and whereupon the court below shall be at liberty to cancel the bail bond of the petitioner and initiate proceedings to take him into custody. The order dated 04.08.2010 passed in Criminal Misc. No. 26103 of 2010 stands modified to the extent set out hereinabove. This application stands allowed. Let the order be communicated to the court concerned by FAX at the cost and expense of the petitioner. S.Sb/- (Jyoti Saran, J.)