Patna High Court
Monu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
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
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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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