IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26752 of 2010 DEEPAK KUMAR @ DIPAK KUMAR YADAV Son of Late Niranjan Prasad Yadav, resident of village-Fulhat Patam,P.S.Ramnagar,District-Munger. Versus THE STATE OF BIHAR ---------- 3. 4.10.2010. This matter has been listed today under the heading to be mentioned at the instance of the learned counsel for the petitioner. By order dated 6.8.2010, the petitioner was granted bail by this court subject to certain conditions as set out in the said order. It was directed that the father of the petitioner would stand as one of the bailors. Learned counsel for the petitioner points out today that the father of the petitioner had expired at the stage of filing of the bail application itself and which relevant fact could not be brought to the notice of the court at the stage of passing of the order dated 6.8.2010. He submits that as a consequence thereof, the petitioner has not been released. He thus seeks an appropriate modification to condition no.1 as set out in the order. Having considered the submission of the learned counsel for the petitioner, 2 condition no.1 as set out in the order dated 6.8.2010 is modified to the extent that one of the close relative of the petitioner would stand as one of the bailors and who would also file an affidavit giving his genealogy with the petitioner. The said bailor would be under a duty to inform the court below in case this petitioner is named or is involved in any further case of similar nature and whereupon the court below shall take steps to cancel his bail bond on grounds of misuse. The condition no.1 as set out in the order dated 6.8.2010 is modified to the extent as set out hereinabove and shall be deemed to have been pronounced as such. Let this order be communicated to the court concerned by Fax at the cost of the petitioner. ahk (Jyoti Saran, J)