Patna High Court

Karu PaswanversusThe State of Bihar

Decided: 18 February 2026
Disposal: DISPOSED
Bench: ALOK KUMAR PANDEY

Holding

Condition (i) of the bail order is modified to allow a co‑villager to stand as bailor, subject to the satisfaction of the learned Chief Judicial Magistrate, Nalanda.

Summary

Petitioner Karu Paswan, a landless labourer, was granted regular bail on 5 December 2025 with the condition that the bailor must be a close family member such as father, mother, sister, brother, wife, or the person who swore the affidavit. He pleaded that his family is impoverished and possesses no property or financial means to stand as bailor, and consequently he remains in judicial custody. The petitioner sought modification of condition (i) to permit a co‑villager to act as bailor, subject to the satisfaction of the Chief Judicial Magistrate, Nalanda. The State did not contest this request. The High Court, after considering the petitioner's financial hardship, modified the bail condition to allow a co‑villager as bailor, subject to the magistrate's satisfaction. The modification petition was thereafter disposed.

Issues considered

Whether a bail condition requiring a close family member as bailor can be altered when the petitioner lacks such a family member capable of furnishing a bail bond.
Whether a co‑villager may be permitted to stand as bailor in place of a close family member.

Subjects

bail
modification of bail conditions
financial incapacity
co‑villager bailor
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10687 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.74209 of 2025
                        Arising Out of PS. Case No.-428 Year-2025 Thana- BIHAR District- Nalanda
                 ======================================================
                 Karu Paswan S/o- Ramugar Paswan Mohalla- Khandakpar PS-Bihar District-
                 Nalanda

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pramod Kumar Sinha, Advocate
                 For the Opposite Party/s :        Mr. Mithlesh Kumar Khare, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   18-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The present petition has been filed for modification

                   of condition no. (i) imposed in the order dated 05.12.2025

                   passed in Cr. Misc. No. 74209 of 2025 by which the petitioner

                   was granted regular bail with certain conditions. One of the

                   conditions [condition no. (i)] is that one of the bailors shall be

                   either father or mother or sister or brother or wife or the person

                   who has sworn the affidavit in bail application.

                                3. Learned counsel for the petitioner submits that the

                   petitioner belongs to a landless poor family and does not have

                   his own dwelling house. It is submitted that the family members
Patna High Court CR. MISC. No.10687 of 2026(2) dt.18-02-2026
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          of the petitioner do not possess sufficient or valuable property to

          furnish bail bond before the learned court below. Due to poor

          financial condition of the family, none of the family members is

          in a position to stand as a bailor for the petitioner.

                       4. Learned counsel further submits that although the

          petitioner was granted regular bail vide order dated 05.12.2025

          passed in Cr. Misc. No. 74209 of 2025, he has not been able to

          furnish bail bond till date and is still in judicial custody since

          13.07.2025. It is, therefore, prayed that condition no. (i) of the

          bail order dated 05.12.2025 passed in Cr. Misc. No. 74209 of

          2025 be modified to the extent that in place of close family

          member, co-villager be allowed to stand as bailor for the

          petitioner in connection with Bihar P.S. Case No. 428 of 2025,

          subject to satisfaction of the learned Chief Judicial Magistrate,

          Nalanda at Biharsharif.

                       5. Learned A.P.P. does not controvert the aforesaid

          submission.

                       6. In the light of the aforesaid submission, condition

          no. (i) of bail order dated 05.12.2025 passed in Cr. Misc. No.

          74209 of 2025 stands modified to the extent that co-villager

          shall be allowed to stand as bailor for the petitioner, subject to

          satisfaction of the learned Chief Judicial Magistrate, Nalanda at
            Patna High Court CR. MISC. No.10687 of 2026(2) dt.18-02-2026
                                                        3/3




                      Biharsharif.

                                   7. In the aforesaid manner, this modification petition

                      stands disposed of.



                                                        (Alok Kumar Pandey, J)
Nilmani/-

U      T

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