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Patna High Court

Ganesh ThakurversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court refused to modify the anticipatory bail order and rejected the petition for extension.

Summary

Ganesh Thakur, a resident of Supaul, was granted anticipatory bail on 4 October 2024 with a condition to deposit Rs. 3,000 per month into the account of the second opposite party. He filed an application on 16 January 2026 seeking a two‑week extension to execute the bail bond, claiming poverty and inability to make the deposits while residing in another state. The petitioner’s counsel argued that the extension was necessary to comply with the bail condition. The court examined the petitioner’s failure to adhere to the original terms and considered the request for modification. Concluding that the petitioner had not complied with the stipulated conditions, the court declined to modify the bail order and rejected the application.

Issues considered

  • Whether the anticipatory bail order can be modified to extend the time for execution of the bail bond on the ground of the petitioner’s inability to pay the stipulated amount

Subjects

  • anticipatory bail
  • bail bond
  • modification of bail order
  • criminal procedure
  • failure to comply with bail conditions
  • poverty

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2513 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.16520 of 2024
                  Arising Out of PS. Case No.-603 Year-2021 Thana- COMPLAINT CASE District- Supaul
                 ======================================================
                 Ganesh Thakur S/o- Pramod Thakur Resident of Beldara, P.S.- Pipra, District-
                 Supaul

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar Bihar
           2.    Rani Devi @ Rina Devi D/o- Sri Ram Chandra Thakur R/v- Belokhara
                 W.No-5, Ps- Pipra Dist- Supaul

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms.Patla Kumari
                 For the Opposite Party/s :      Mr.Shailendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   16-01-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The present application has been filed for

                   modification of the order dated 04.10.2024 passed in Cr. Misc.

                   No. 16520 of 2024 to the extent of seeking two weeks further

                   time to execute bail bond.

                                3. Learned counsel for the petitioner submits that by

                   virtue of the aforesaid order the present petitioner has been

                   granted privilege of anticipatory bail in the event of arrest /

                   surrender before the court below within a period of six weeks

                   from the date of order on a condition that the petitioner shall

                   deposit a sum of Rs. 3,000/- per month in the bank account of
               Patna High Court CR. MISC. No.2513 of 2026(2) dt.16-01-2026
                                                           2/2




                         the opposite party no. 2. She further submits that the petitioner

                         is a very poor person residing in another State for earning his

                         livelihood and cannot deposit the amount of Rs. 3,000/- per

                         month in the bank account of the opposite party no. 2. He,

                         accordingly, prays for further two weeks time to execute bail

                         bond.

                                      4. Having regard to the submissions made on behalf

                         of the petitioner and taking into consideration the fact that the

                         petitioner has failed to abide by the terms and conditions agreed

                         upon by him in the order granting bail, I am not inclined to

                         modify the order dated 04.10.2024 passed in Cr. Misc. No.

                         16520 of 2024. Accordingly, the present             modification

                         application is rejected.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T


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