Patna High Court
Ritesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJIV ROY
Holding
The Court allowed the modification of the anticipatory bail, imposing a Rs.500 payment to the Legal Services Committee and extending the surrender period by four weeks.
Summary
The petitioner, Ritesh Kumar, had been granted anticipatory bail on 22 December 2025 in Criminal Miscellaneous No. 88011 of 2025. He subsequently filed a petition (Cr. Misc. No. 12788 of 2026) seeking modification of that order, alleging that he was working outside the jurisdiction and was unaware of the timing of the original order. The High Court examined whether the anticipatory bail order could be altered and what conditions could be imposed. The Court allowed the modification, directing the petitioner to pay a fee of Rs.500 to the Patna High Court Legal Services Committee. Additionally, the period for surrender was extended by four weeks from the date of the order. The order was pronounced by Justice Rajiv Roy on 25 February 2026.
Issues considered
- What is the scope of the court's power to modify an anticipatory bail order?
- Can the court impose a monetary condition and extend the surrender period in a modification petition?
Subjects
- anticipatory bail
- modification of bail
- criminal procedure
- surrender period
- legal services fee
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12788 of 2026
In
CRIMINAL MISCELLANEOUS No.88011 of 2025
Arising Out of PS. Case No.-315 Year-2025 Thana- Excise Arwal District- Jehanabad
======================================================
Ritesh Kumar S/o Shree Upendra Singh R/o Village-Bandhu Bigha, P.S-
Mehandiya, District-Arwal.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate
For the State : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 25-02-2026 Heard the parties.
2. The present petition has been preferred for the
modification of the order dated 22.12.2025 passed by the
Hon’ble Court in Cr. Misc. No. 88011 of 2025 by which the
prayer for anticipatory bail of the petitioner was allowed.
3. In this case on 22.12.2025, relief was granted to the
petitioner in Cr. Misc. No. 88011 of 2025 and now the
modification petition has been filed recording that they were
working outside and could not knowing time about the order.
4. Accordingly, Cr. Misc. No. 12788 of 2026 is
allowed subject to payment of Rs.500/- to the Patna High Court
Legal Services Committee.
Patna High Court CR. MISC. No.12788 of 2026(2) dt.25-02-2026
2/2
5. The period of surrender is further extended by four
weeks from today.
(Rajiv Roy, J)
vinayak/-
U T
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