Patna High Court
Kumari MamtaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The court held that the provisional bail may be confirmed upon the petitioner’s compliance with the stipulated installment payments, and therefore allowed the modification of the bail order.
Summary
Kumari Mamta, a petitioner, filed an application seeking modification of the provisional bail order dated 23 February 2026 in Criminal Miscellaneous No. 29834 of 2025. The petitioner and her husband agreed to pay the entire amount of Rs. 21 lakhs within four months in equal installments, with the first installment of Rs. 5.20 lakhs to be paid at the Postal Superintendent's office in Siwan. The court stipulated that the bail bonds would be accepted only upon receipt of the first installment and that the provisional bail would be confirmed if all installments were paid. The court allowed the modification, setting the payment schedule and conditions for confirming bail. Consequently, the petitioner’s provisional bail was extended subject to compliance with the installment payments.
Issues considered
- Can a provisional bail order be modified to condition its confirmation on the payment of a monetary amount in installments?
- Is the acceptance of bail bonds permissible only after receipt of the first installment?
Subjects
- bail
- provisional bail
- modification of order
- installment payment
- criminal procedure
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23857 of 2026
In
CRIMINAL MISCELLANEOUS No.29834 of 2025
Arising Out of PS. Case No.-309 Year-2023 Thana- GUTHANI District- Siwan
======================================================
Kumari Mamta W/o- Purushotam Prasad Resident of PO- Tali Branch Post
Office- Bhaya Mairwa PS-Gutahni, Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Niranjan Kumar, ADVocate
For the State : Mr.Aditya Narayan Singh.1, APP
For the UOI : Mr. Amish Kumar, Advocate
Mr. Satish Kumar Mehta, Advocate
Mr. Aamir Hayat, Advocate
Mr. Baua Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 13-05-2026 Heard learned counsel for the petitioner; learned APP
for the State and learned counsel for the Union of India.
2. This application has been filed for modification of
the order dated 23.02.2026 passed in Cr. Misc. No. 29834 of
2025.
3. The petitioner and her husband have appeared.
4. Learned counsel for the petitioner has also filed a
supplementary affidavit.
5. The petitioner and her husband both have
undertaken to pay the entire amount of Rs. 21 lakhs within next
four months in equal installments.
Patna High Court CR. MISC. No.23857 of 2026(5) dt.13-05-2026
2/2
6. The first installment of Rs. 5.20 lakhs shall be paid
by the petitioner in the office of Postal Superintendent, West
Division, Siwan and thereafter, the petitioner shall pay the
balance installments every month before him. The bail bonds of
the petitioner shall be accepted by the Court below only after
she produces a receipt of the payment of the first installment. If
all the installments are paid, the provisional bail granted to the
petitioner vide dated 23.02.2026 passed in Cr. Misc. No. 29834
of 2025 shall be confirmed.
7. This modification application is allowed to extend
indicated above.
(Sandeep Kumar, J)
P. Kumar
U
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