Patna High Court
Sandeep KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the modification of the anticipatory bail order, substituting the father with the maternal uncle as bailor and setting a bail bond condition.
Summary
The petitioners, Sandeep Kumar and Karan Kumar, had been granted anticipatory bail on 27-02-2026 with the condition that their father, Virendra Vishwas, would act as one of the bailors. Subsequently, the father became implicated in the case, rendering him ineligible to serve as bailor. The petitioners filed a modification application, proposing their maternal uncle, Ashok Kumar Vishwas, as the new bailor, and submitted a supplementary affidavit. The State did not oppose the modification. The Court modified the original order, substituting the father with the maternal uncle as bailor and stipulated that the bail bonds of Rs.25,000 each be furnished if the petitioners surrender before 20-04-2026. The order was directed to be recorded with the supplementary affidavit.
Issues considered
- Whether the condition of anticipatory bail requiring the father as bailor can be modified when the father becomes implicated
- Whether the Court can substitute another relative as bailor and impose conditions on bail bond
Subjects
- anticipatory bail
- modification
- bailor
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23378 of 2026
In
CRIMINAL MISCELLANEOUS No.69866 of 2025
Arising Out of PS. Case No.-110 Year-2025 Thana- MAHALGAON District- Araria
======================================================
1. Sandeep Kumar S/O Virendra Vishwas @ Birendra Vishwas R/O Village-
Ward No. 9, Kochli, Dagarua, P.S- Dagarua, Distt.- Purnea.
2. Karan Kumar S/O Virendra Vishwas @ Birendra Vishwas R/O Village-
Ward No. 9, Kochli, Dagarua, P.S- Dagarua, Distt.- Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bijendra Kumar Singh
For the Opposite Party/s : Mr.Ajit Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-04-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The learned counsel for the petitioners submits that
petitioners were granted the privilege of anticipatory bail by an
order dated 27.02.2026 in Cr. Misc. No.69866 of 2025 with a
condition that one of the bailors of the petitioners shall be their
father, namely, Virendra Vishwas @ Birendra Vishwas.
3. The learned counsel for the petitioners submits that
father of the petitioners subsequently came to be implicated, as
such, could not be made a bailor, as such, the instant
modification application has been filed and a supplementary
affidavit has also been filed recording therein that maternal
uncle of the petitioners, namely, Ashok Kumar Vishwas is ready
Patna High Court CR. MISC. No.23378 of 2026(2) dt.10-04-2026
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to become bailor of the petitioners.
4. The learned A.P.P. also does not oppose the prayer.
5. In view of the submissions made by the learned
counsel for the petitioners, the Para-7 of the order dated
27.02.2026 in Cr. Misc. No.69866 of 2025 is modified to read
as:- “One of the bailors of the petitioners shall be their
maternal uncle Ashok Kumar Vishwas, instead of one of the
bailors of the petitioners shall be their father namely, Virendra
Vishwas @ Birednra Vishwas.
6. It is further made clear that if petitioners surrender
before the learned Trial Court on or before 20.04.2026, their
anticipatory bail bonds shall be accepted if Ashok Kumar
Vishwas is ready to furnish their bail bonds of Rs.25,000/- each
to the satisfaction of the learned Trial Court where the case is
pending/successor Court.
7. The order dated 27.02.2026 in Cr. Misc. No.69866
of 2025 is modified to the extent as indicated above.
8. The office is directed to trace the supplementary
affidavit and place the same on record, the Court has dictated
the order based on the supplementary affidavit furnished by the
learned counsel appearing on behalf of the petitioners.
(Satyavrat Verma, J)
vikash/-
Patna High Court CR. MISC. No.23378 of 2026(2) dt.10-04-2026
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