Patna High Court

Sushil KumarversusThe State of Bihar

Decided: 1 May 2026
Disposal: ALLOWED
Bench: SANDEEP KUMAR

Holding

The court held that substantial compliance by the petitioner justified relaxing the Rs.7,000 deposit condition and permitting acceptance of the bail bonds.

Summary

Petitioner Sushil Kumar filed a modification application seeking relief from a condition requiring a Rs.7,000 deposit within ten days and to have his bail bonds accepted. The delay was attributed to the opposite party, Juhi Kumari, failing to provide necessary bank account details, preventing timely payment. The petitioner had already deposited Rs.21,000 towards maintenance as ordered. The High Court found that the petitioner had substantially complied with the order and that the delay was due to practical difficulties beyond his control. Consequently, the court relaxed the deposit condition, directed the lower court to accept the bail bonds, and ordered continued regular maintenance payments. The application was allowed.

Issues considered

Whether the petitioner is entitled to a modification of the deposit condition due to delay caused by the opposite party's failure to provide bank details
Whether the bail bonds can be accepted despite non‑compliance with the original deposit deadline

Subjects

modification of order
bail
maintenance
criminal miscellaneous proceedings
procedural compliance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23322 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.63256 of 2025
                  Arising Out of PS. Case No.-2308 Year-2024 Thana- EAST CHAMPARAN COMPLAINT
                                                 District- East Champaran
                 ======================================================
                 Sushil Kumar Son of Surendra Kumar village -Bhatha PS -Shyampur Dist
                 -Sheohar

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar
           2.    Juhi Kumari Wife of Sushil Kumar Resident of village- Bhatha, Ps-
                 Shyampur, Dist- sheohar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Anil Kumar
                 For the Opposite Party/s :    Mr.Choubey Jawahar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   01-05-2026                  Heard the learned counsel for the petitioner and the

                   learned counsel for the State.

                                2. The present modification application has been filed

                   by the petitioner seeking modification of paragraph no. 8 of the

                   order dated 24.02.2026 and for extension of time for surrender

                   and furnishing bail bonds.

                                3. Learned counsel for the petitioner submits that in

                   compliance of the order dated 24.02.2026, the petitioner was

                   required to deposit Rs. 7,000/- within ten days. It is submitted

                   that despite repeated requests, the opposite party no. 2 and her

                   counsel did not furnish the bank account details, due to which
Patna High Court CR. MISC. No.23322 of 2026(2) dt.01-05-2026
                                            2/3




          the petitioner could not deposit the said amount within the

          stipulated time either in the treasury or in the Court Nazarat. It

          is further submitted that after expiry of the said period, the

          petitioner was ready to furnish bail bonds, however the same

          were not accepted by the learned court below on the ground of

          non-compliance of the order.

                       4. It is further submitted that pursuant to the order

          dated 24.02.2026, the petitioner has already deposited a sum of

          Rs. 21,000/- towards maintenance.

                       5. Having considered the submissions advanced and

          the facts and circumstances of the case, this Court finds that

          substantial compliance of the order has been made by the

          petitioner and the delay in deposit appears to be on account of

          practical difficulty in obtaining necessary details for payment.

                       6. In view of the above, paragraph no. 8 of the order

          dated 24.02.2026 is hereby modified to the extent that the

          condition requiring deposit of Rs. 7,000/- within ten days is

          relaxed, and the learned court below is directed to accept the

          bail bonds furnished by the petitioner forthwith, subject to

          compliance of other conditions, if any. It is made clear that the

          petitioner shall continue to pay the maintenance regularly in

          terms of the order dated 24.02.2026 passed in Cr. Misc. No.
            Patna High Court CR. MISC. No.23322 of 2026(2) dt.01-05-2026
                                                        3/3




                      63256 of 2025 without default.

                                   7. The present application stands allowed in the

                      aforesaid terms.



                                                 (Sandeep Kumar, J)
Shishir/-

U

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