Patna High Court
Ricky KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The bail condition is modified to require the bailor to be the petitioner’s father or brother.
Summary
The petitioner, Ricky Kumar, filed an application seeking modification of a bail order dated 21‑01‑2026, which required one of the bailors to be a close family member. Since Ricky Kumar is unmarried and has no close relatives among the accused, the petitioner could not satisfy this condition and remained in custody. The court examined the petitioner's submission that the existing condition was impossible to fulfill. It held that the requirement could be altered to specify that the bailor be the petitioner’s father or brother, thereby enabling compliance. The court modified the bail order accordingly and allowed the application.
Issues considered
- Whether the bail condition requiring a close family member as bailor can be modified when the petitioner has no such relative.
Subjects
- bail
- modification of order
- criminal procedure
- family member requirement
- unmarried petitioner
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27078 of 2026
In
CRIMINAL MISCELLANEOUS No.2487 of 2026
Arising Out of PS. Case No.-607 Year-2025 Thana- RAHUI District- Nalanda
======================================================
Ricky Kumar S/O Munna Prasad @ Munni Mahto Village- Shamabad, P.S.-
Bhaganbigha, Rahui, Dist.- Nalanda
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar, Advocate
For the Opposite Party/s : Mr.Mohammad Sufyan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 17-04-2026 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 21.01.2026 passed in Criminal
Miscellaneous No. 2487 of 2026 by which the petitioner and
two others were granted bail in connection with Rahui P.S. Case
No. 607 of 2025 to the satisfaction of Court below.
3. Learned counsel for the petitioner submits that as
per para – 8(I) of the order dated 21.01.2026 passed in Criminal
Miscellaneous No. 2487 of 2026, one of the bailors shall be
own/close member of the family of the petitioner No. 3 namely
Ricky Kumar. He further submitted that all close/own family
members of the petitioner are named accused persons in Rahui
Patna High Court CR. MISC. No.27078 of 2026(2) dt.17-04-2026
2/2
P.S. Case No. 607 of 2025 and further petitioner is unmarried,
accordingly, petitioner is not having any close/own relative who
can serve as bailor and, as such, the petitioner could not be
released on bail.
4. From perusal of the record, it appears that learned
counsel for the petitioner is correct in his submission.
5. Let the words mentioned in paragraph ‘8(I) One of
the bailors shall be own/close member of the family of the
petitioner No.3.’ of the order dated 21.01.2026 passed in
Criminal Miscellaneous No. 2487 of 2026 be modified as “One
of the bailors shall be father/brother of the petitioner namely
Ricky Kumar.” It is made clear that rest of the conditions would
be the same.
6. The order dated 21.01.2026 passed in Criminal
Miscellaneous No. 2487 of 2026 is modified to the extent as
indicated above.
7. The modification application is, accordingly,
allowed.
(Rudra Prakash Mishra, J)
manish/-
U T
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