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Patna High Court

America Yadav @ American YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

An anticipatory bail order may be modified to substitute a different bailor when the originally named bailor is no longer available.

Summary

The petitioner, America Yadav, had been granted anticipatory bail on 5 February 2026 with the condition that his father, Shaligram Yadav, act as one of the bailors. It was later pointed out that the father had died on 8 April 2019, and the order mistakenly omitted the term 'late' before his name. The petitioner sought modification of the bail condition to replace the deceased father with his brother, Rakesh Kumar, as a bailor. The court examined the factual error and the necessity of a living bailor, and accordingly modified the anticipatory bail order to substitute the brother in place of the father, leaving the rest of the order unchanged. The modification was ordered on 25 February 2026.

Issues considered

  • Whether an anticipatory bail order can be modified to change the identity of a bailor when the originally named bailor is deceased

Legislation cited

Subjects

  • anticipatory bail
  • bail condition modification
  • Criminal Procedure Code
  • deceased bailor
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12988 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.88529 of 2025
                      Arising Out of PS. Case No.-23 Year-2024 Thana- SABAUR District- Bhagalpur
                 ======================================================
                 America Yadav @ American Yadav S/O Late Shaligram Yadav R/O Village-
                 Baghmara, P.S- Lodipur, Distt.- Bhagalpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Kumar Singh
                 For the Opposite Party/s :       Mr. Choubey Jawahar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   25-02-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Learned counsel for the petitioner submits that

                   petitioner was granted the privilege of anticipatory bail by an

                   order dated 05.02.2026, in Cr. Misc. No.88529 of 2025 with

                   condition that one of the bailors of the petitioner shall be his

                   father Shaligram Yadav. It is submitted that father of the

                   petitioner died on 08.04.2019 but inadvertently in Cr. Misc.

                   No.88529/2025, the word late could not be prefixed before the

                   name of the father of the petitioner.

                                3. In view of the submission made by the learned

                   counsel appearing on behalf of the petitioner, the order dated

                   05.02.2026, in Cr. Misc. No.88529 of 2025 is modified to the
             Patna High Court CR. MISC. No.12988 of 2026(2) dt.25-02-2026
                                                         2/2




                       extent that one of the bailors of the petitioner shall be his

                       brother, namely, Rakesh Kumar, instead of his father Shaligram

                       Yadav. The rest of the order shall remain the same.

                                    4. Accordingly, the order dated 05.02.2026, in Cr.

                       Misc. No.88529 of 2025 is modified to the extent as indicated

                       above.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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