IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44921 of 2009 AMBHU YADAV @ AMBU YADAV Versus STATE OF BIHAR ----------- 2. 16.12.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. By order dated 04. 11. 2009 passed in Cr. Misc. No. 37099 of 2009, the petitioner, namely, Ambhu Yadav @ Ambu Yadav was granted bail in connection with Bhaptiahi P.S. Case No. 22 of 1986 (G.R. No. 261 of 1986) subject to the condition stipulated therein that one of the bailors would be his father who would clearly indicate his relationship with the petitioner. The petitioner by filing this application brought to the notice of this Court that the father of the petitioner himself is an accused in the present case and is absconding and as such the condition can not be satisfied. In the aforesaid facts and circumstances, the present application has been filed for modification of the said condition with any other appropriate condition in that regard. Learned counsel submits that even the brother of the petitioner is one of the accused in the present case and thus submits that brother-in-law of the petitioner is ready to stand surety for this petitioner. Having regard to the submissions made in the application and contention advanced by the learned counsel appearing on behalf of the petitioner, the order dated 04. 11. 2009, is in so far as condition - 2 - requiring the father to stand his surety is modified and it is directed that one of the bailors would be the brother-in-law of the petitioner and who would clearly indicate his relationship with the petitioner. Let the aforesaid modification be incorporated in order dated 04. 11. 2009 and be read as such, that one of the bailors would be the brother-in-law of the petitioner in place of his father. Order dated 04. 11. 2009 passed in Cr.Misc. No. 37099 of 2009 is modified to that extent only. Let copy of this order be communicated to the court below through FAX at the cost of the petitioner. m.p. (Jyoti Saran, J.)