IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43414 of 2010 MUNNA SINGH @ MUNNA THAKUR Versus THE STATE OF BIHAR ----------- 02/ 10.12.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. This application has been filed seeking modification in the order dated 19.11.2010 passed in Criminal Misc. No. 39013 of 2010, whereby bail was granted to the petitioner subject to certain conditions stipulated in the order sheet. The condition no. 1 as stipulated in the order required the father of the petitioner to stand as one of the bailor with certain duties assigned to him set out in the said condition. Learned counsel for the petitioner submits that due to inadvertence and communication gap it could not be pleaded before this Court at the stage of consideration of the bail application that the father of the petitioner Chandrama Singh had since expired, as a consequence whereof the father of the petitioner was made to stand as one of the bailor. Learned counsel for the petitioner, with reference to a certificate issued by the Mukhiya, Gram Panchayat-Raj Bhada Khurd in the District of Siwan dated 23.11.2010, submits that the father of the petitioner Chandrama Singh stands deceased. Learned counsel in these circumstances seeks modification of the condition no. 1 of the order dated 19.11.2010. Regard being had to the circumstances, the 2 pleadings made in the modification application and the submissions of learned counsel, the condition no. 1 as stipulated in the order dated 19.11.2010 is modified to read as follows: “1. Mr. Bijoy Singh, son of Late Asharfi Singh, resident of village-Marachhi, P.S.-Jamo, District-Siwan, said to be the cousin brother of the petitioner, who has filed the present application seeking modification, would stand as one of the bailor and who would be under a duty to file an affidavit giving out his genealogy with the petitioner before the court below and would also 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 to take him into custody on grounds of misuse”. Condition no. 1 of the order dated 19.11.2010 stands modified to the aforesaid extent. The condition no. 2 would continue to operate as set out in the said order dated 19.11.2010. Let this order be communicated to the court concerned by FAX at the cost and expense of the petitioner. This modification application stands allowed to the aforesaid extent. S.Sb/- (Jyoti Saran, J.)