IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2353 of 2011 Md. Sayum son of late Md. Bashir, resident of village- Jafarabad, P.S. Dishari, District- Vaishali --- Petitioner. Versus THE STATE OF BIHAR ----------- 2/ 19-01-2011 Heard the parties. The present petition has been filed on behalf of the petitioner seeking modification of order dated 27.10.2010 passed in Cr. Misc. No. 24400 of 2010 whereby the petitioner was granted bail in connection with Sessions Trial No. 727 of 2007, arising out of Gardanibagh P.S. Case No. 138 of 2006, subject to certain conditions. One of the conditions was that one of the bailors must be a government servant. Learned counsel for the petitioner submits that though the order was passed as far back as on 27.10.2010 and the petitioner is in judicial custody since 10.02.2006, but he has not been able to arrange any government servant to stand as his bailor. He submits that if that condition is not deleted/ modified, then the order granting bail shall become infructuous. For the reasons stated in the present modification petition, the order dated 27.10.2010 passed in Cr. Misc. No. 24400 of 2010 is modified to the extent that out of two bailors, one of the bailors must be a family member or close relative of the petitioner. Government servant is not required to be made as a bailor and that 2 condition is waived herein. With the aforesaid observation/direction, the present modification petition is allowed and the order dated 27.10.2010 stands modified, to the extent indicated above. Let the above named petitioner be released on bail in terms of the aforesaid order dated 27.10.2010 on fulfillment of other conditions indicated in that order, excepting the condition-A of that order. Let this order be communicated to the court below through fax at the cost of the petitioner. BTiwary/ ( Birendra Prasad Verma, J.)