IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51290 of 2008 SATYENDRA YADAV @ RAJU Versus STATE OF BIHAR ----------- 2 17.12.2008 Vide order dated 12.11.2008, both the petitioners were enlarged on bail with a condition that one of the sureties will be executed by the father of the respective petitioners. After the order was passed, a modification petition was filed stating that the father of the present petitioner namely, Satyendra Yadav @ Raju, had already died and it was by inadvertence or mistake, this fact was not pointed out when the order was passed. Subsequently, a modification petition too was filed in this regard, but, in absence of any cogent evidence, the same was rejected. The present modification petition has now been filed with certain evidence to show that the death of the father of the petitioner was somewhere in the year 2000 itself. In view of the above, let the condition imposed vide order dated 12.11.2008 be modified to read one of the surety would be executed by the mother of the petitioner in relation to the present petitioner namely Satyendra Yadav @ Raju, in connection with Jehanabad P.S. Case No. 314 of 2005. The modification petition is allowed. Rest of the order remains the same. Let the order passed in modification petition as well as the order dated 12.11.2008 passed in Cr. Misc. No. 38502 of 2008 be communicated by Fax on deposit of cost of the petitioner. Rajeev/ (Ajay Kumar Tripathi, J.)