Patna High Court
Kapil YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- AJIT KUMAR
Holding
The Court held that the verification condition is unnecessary for a simple injury and therefore modified it to allow acceptance of bail bonds, and also extended the surrender period by two weeks.
Summary
The petitioners sought modification of the anticipatory bail order dated 04.02.2026, specifically to remove the condition requiring verification of an injury report before accepting bail bonds. They argued that the injury to the informant was simple and no injury report was on record, a point not contested by the State. The High Court examined the injury report, found the injury to be simple in nature, and concluded that the verification condition was unnecessary. Consequently, the Court modified condition (v) to direct the trial court to accept the bail bonds. Additionally, the Court extended the surrender period by two weeks in the interest of justice. The modification application was disposed, with the rest of the original order left unchanged.
Issues considered
- Whether the condition requiring verification of the injury report before accepting anticipatory bail bonds should be modified given the injury is simple.
- Whether the period for surrender can be extended in the present case.
Subjects
- anticipatory bail
- modification of order
- injury report
- surrender period
- criminal miscellaneous
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22490 of 2026
In
CRIMINAL MISCELLANEOUS No.6730 of 2026
Arising Out of PS. Case No.-11 Year-2021 Thana- NIMCHAKBATHANI District- Gaya
======================================================
1. Kapil Yadav S/O Late Baburam Yadav R/O Village- Neemchak Bathani,
P.S.- Neemchak Bathani, Dist.- Gaya
2. Aditya Kumar S/O Vinod Prasad @ Binod Yadav R/O Village- Neemchak
Bathani, P.S.- Neemchak Bathani, Dist.- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sinha
For the Opposite Party/s : Mr. Jitendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 03-04-2026 This case has been listed under the heading ‘To Be
Mentioned’ at the instance of learned counsel for the petitioners.
2. The present application has been filed for
modification of the order dated 04.02.2026 passed in Cr. Misc.
No. 6730 of 2026, to the extent of extending the period for
surrender. It is further submitted that, during the course of
hearing, learned counsel for the petitioner had asserted that no
injury had been caused to the informant. Since there was no
reference to any injury report in the impugned order, the
submission regarding there being no injury was made, which
was also not denied by the learned APP for the State during the
course of hearing. In that background, while granting
Patna High Court CR. MISC. No.22490 of 2026(3) dt.03-04-2026
2/3
anticipatory bail to the petitioner(s), this Court imposed
condition no. (v), directing the learned trial court to verify from
the records the correctness of the injury report before accepting
the bail bonds. However, upon such verification, it has been
found that the injury is simple in nature.
3. Learned counsel for the petitioner further
submits that, as per the injury report of the injured persons, the
nature of injury has been found to be simple, caused by hard
and blunt substance. It is further submitted that the learned trial
court, after calling for a report regarding the injury, has
acknowledged the same; however, despite such finding, the
court below has refused to accept the bail bonds as directed by
this Court.
4. In view of the submissions made on behalf of
the petitioner and considering that the injury is simple in nature,
this Court is inclined to modify the condition no.(v) order dated
04.02.2026.
5. Accordingly, condition no. (v) of the order dated
04.02.2026, which required verification of the injury report
prior to acceptance of bail bonds, stands modified to the extent
that the learned court below is now directed to accept the bail
bonds of the petitioners.
Patna High Court CR. MISC. No.22490 of 2026(3) dt.03-04-2026
3/3
6. Further, on the grounds mentioned in the
modification application and in the interest of justice, the period
to surrender is extended two weeks from today in connection
with Neemchak Bathani P.S. Case No.11 of 2021, pending in
the court of learned A.C.J.M.-X, Gaya.
7. The order dated 04.02.2026 is modified to the
extent as indicated above. The rest of the order shall remain
unaltered.
8. Accordingly, this modification application
stands disposed of.
(Ajit Kumar, J)
shikha/-
U T
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