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Patna High Court

Kanchan KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the petition, directing acceptance of the bail bond and extending the surrender period by four weeks.

Summary

The petitioner, Kanchan Kumari, filed a modification petition seeking a direction to the lower court to accept her surrender cum bail bond despite a discrepancy in her Aadhaar card, which was issued before her marriage. The lower court had previously allowed bail (Cr. Misc. No. 83423 of 2025) but later refused to accept the bond on the ground of the Aadhaar discrepancy. The petitioner argued that the discrepancy was minor and should not impede the acceptance of the bail bond. The High Court observed that minor discrepancies should not be a ground for rejecting a bail application and that the petitioner’s request was justified. Consequently, the Court allowed the prayer and extended the period of surrender by four weeks.

Issues considered

  • Whether the lower court should accept the surrender cum bail bond despite a discrepancy in the petitioner’s Aadhaar card.
  • Whether the period of surrender can be extended by the High Court in a modification petition.

Subjects

  • bail
  • surrender
  • Aadhaar discrepancy
  • modification petition
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17731 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.83423 of 2025
                      Arising Out of PS. Case No.-480 Year-2024 Thana- VAISHALI District- Vaishali
                 ======================================================
                 Kanchan Kumari W/o- Chandan Kumar Village- Basara PS-Vaishali District-
                 Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Awadhesh Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   10-04-2026                  Heard the parties.

                                2. The present petition has been preferred for the

                   following relief(s):

                                                “for direction to the Court below to

                                   accept the surrender cum bail bond of the

                                   petitioner after ignoring the Aadhar Card which

                                   was issued in favour of petitioner prior to her

                                   marriage of the petitioner since after her marriage

                                   she is living with her husband at matrimonial

                                   house at village-Basara, P.S.- Vaishali, District-

                                   Vaishali.”

                                3. On 17.12.2025, Cr. Misc. No. 83423 of 2025 was

                   allowed. The present modification petition has been filed
          Patna High Court CR. MISC. No.17731 of 2026(3) dt.10-04-2026
                                                      2/2




                    submitting that some discrepancy is there in the Aaadhar Card

                    which led to the refusal of accepting the bail bond.

                                 4. It is unfortunate that on minor discrepancies, those

                    going to the Court and filing affidavit is/are not accepted.

                                 5. The concerned Court should take note of that.

                                 6. The prayer made in paragraph-1 of the petitioner is

                    allowed.

                                 7. The period of surrender is further extended by four

                    weeks.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


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