IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1799 of 2010 SURENDRA @ VIDYARTHI YADAV . Versus THE STATE OF BIHAR . ----------- 2 28.01.2010 Heard learned counsel appearing on behalf of the petitioner. This application for modification of the order dated 9.12.2009 passed in Cr. Misc. No. 37064 of 2009 has been filed on behalf of the petitioner for seeking modification of condition No. (A) as set up in the said order requiring the petitioner to present his father as one of the sureties. By the modification application in question it has been submitted that the father of the petitioner expired on 29.6.2000 i.e. much before filing of the present application and which due to inadvertence and oversight was not correctly mentioned in the bail application. Today supplementary counter affidavit has been filed in the present application bringing on record the death certificate issued by the North Eastern Railway where the father of the petitioner Nunu Lal Yadav was employeed. It is certified that the Nunu Lal Yadav expired 2 on 29.6.2000. In view of the aforementioned position, learned counsel for the petitioner prays for modification of condition No.(A) of the order granting bail dated 9.12.2009. Having regard to the circumstances set forth the condition No. (A) requiring the father of the petitioner to stand as one of the sureties as observed in the order dated 9.12.2009 passed in Cr.Misc. No. 37064 of 2009 is modified so as to read that one of the brothers of the petitioner would stand as bailor. The condition No.(A) of the order dated 9.12.2009 shall be modified to the aforesaid extent. The modification application is allowed. Let a copy of this order be transmitted to the Court concerned at the expense and cost of the petitioner. Bibhash (Jyoti Saran, J. )