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Patna High Court

Kumari MamtaversusThe State of Bihar

Decided
Disposal
ALLOWED

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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