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Patna High Court

Monu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The condition requiring a close family member as bailor is modified to specify Smt. Gita Kumari as a bailor.

Summary

The petitioner, Monu Kumar, sought modification of a bail condition that required one of his bailors to be a close family member. He argued that due to an inter‑caste marriage he was not receiving support from his family, making compliance impossible and resulting in continued detention. The Court examined the petition and found the difficulty genuine and in the interest of justice. Consequently, the Court altered the bail condition, directing that Smt. Gita Kumari, the deponent, shall act as one of the bailors instead of a family member. All other bail terms remained unchanged and the modification application was allowed.

Issues considered

  • Whether a bail condition mandating a close family member as bailor can be modified on account of the petitioner's personal circumstances.

Subjects

  • bail
  • modification of bail conditions
  • inter-caste marriage
  • family support
  • criminal procedure
  • regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23866 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.6499 of 2026
                       Arising Out of PS. Case No.-689 Year-2025 Thana- RUPASPUR District- Patna
                 ======================================================
                 Monu Kumar S/o Sohan Ram Resident of Village- Purani Chhawani, English
                 Tola Badaiya, P.S- Badaiya, District- Lakhisarai, at present Renter of Late
                 Janki Manjhi near Chaurasiya Pandukan Jagdev Path, Pillar No. 15,
                 Murlichak, P.S.- Hawai Adda, Distt. - Patna

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Sharma, Advocate
                 For the Opposite Party/s :       Mr .Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   03-04-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The present application has been filed for

                   modification of the condition contained in para 7(i) of the order

                   dated 02.02.2026 passed in Cr. Misc. No. 6499 of 2026,

                   whereby the petitioner was granted regular bail in connection

                   with Rupaspur P.S. Case No. 689 of 2025 (Special Excise Case

                   No. 2237 of 2025), with a stipulation that one of the bailors

                   shall be an own/close family member of the petitioner.

                           3.       Learned counsel for the petitioner submits that due

                   to peculiar personal circumstances, including inter-caste

                   marriage, the petitioner is not being supported by his family
           Patna High Court CR. MISC. No.23866 of 2026(2) dt.03-04-2026
                                                       2/2




                     members or close relatives and, as such, he has not been able to

                     comply with the aforesaid condition despite lapse of

                     considerable time, resulting in his continued detention in

                     judicial custody.

                             4.      Having considered the submissions and the

                     materials on record, this Court finds that the difficulty expressed

                     by the petitioner appears to be genuine and the condition, in the

                     facts of the present case, requires modification in the interest of

                     justice.

                             5.      Accordingly, the condition contained in para 7(i) of

                     the order dated 02.02.2026 passed in Cr. Misc. No. 6499 of

                     2026 is hereby modified to the extent that, in place of the

                     condition that one of the bailors shall be an own/close family

                     member of the petitioner, it is directed that “one of the bailors

                     shall be Smt. Gita Kumari”, who is deponent of this

                     modification petition.

                             6.      All other terms and conditions of the aforesaid

                     order shall remain unchanged.

                             7.      The     present      modification    application   stands

                     allowed accordingly.



Raj Kishore/-                                                    (Rudra Prakash Mishra, J)
U      T


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