Patna High Court
Ketan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court directed the respondent to pay the remaining Rs.1,50,000 as per the bail condition, thereby modifying the anticipatory bail order.
Summary
The petitioner, Ketan Kumar, sought modification of an anticipatory bail order granted to Anita Devi on 08-09-2025, alleging that she had complied with only part of the payment condition stipulated in the order. The original order required Anita Devi to pay Rs.15,000 immediately and the remaining Rs.1,50,000 at the time of furnishing a bail bond. While she paid the first amount via demand draft, she failed to pay the balance or furnish the bail bond. The petitioner requested that the court insert this non‑compliance into the bail order and enforce the remaining payment. The court held that Anita Devi must comply with the second payment condition and directed her to pay the outstanding Rs.1,50,000 before furnishing the bail bond. Consequently, the application for modification was disposed of with the said direction.
Issues considered
- Whether the anticipatory bail order can be modified to enforce the unpaid portion of the stipulated payment condition
- Whether the petitioner is entitled to a direction for the respondent to pay the remaining amount before furnishing the bail bond
Subjects
- anticipatory bail
- modification of order
- bail conditions
- payment of security
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3124 of 2026
In
CRIMINAL MISCELLANEOUS No.72124 of 2024
Arising Out of PS. Case No.-64 Year-2023 Thana- SASARAM NAGAR District- Rohtas
======================================================
Ketan Kumar S/o Late Radhey Shyam Prasad R/o Village- Company Sarai,
Rauza Road, Kalisthan Ward NO 12, PS- Sasaram, District- Rohtas
... ... Petitioner/s
Versus
1. The State of Bihar
2. Anita Devi W/o Ram Bachan Singh Resident OF Ward NO 13, Udhopur
Targanj, P.S- Sasaram, District- Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mithilesh Kumar Singh
For the State : Ms. Sharda Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 30-01-2026 Heard the parties.
2. Learned counsel for the petitioner submits that O.P. No.
2 was granted anticipatory bail vide order dated 08.09.2025 in Cr.
Misc. No. 72124 of 2024 on the ground that the matter has been
resolved between the parties according to the terms and conditions
mentioned in the report of mediator dated 29.08.2025.
3. Learned counsel for the petitioner submits that
according to condition no. 2, O.P. No. 2 had to make a payment of
Rs. 15,000/- (Rupees Fifteen Thousand) to which, the O.P. No. 2 has
complied with by handing over a demand Draft of Rs. 15,000/- to the
petitioner vide Demand Draft No. 017773 dated 28.08.2025. The
second part of the condition mentioned in paragraph no. 2 of the
Patna High Court CR. MISC. No.3124 of 2026(2) dt.30-01-2026
2/2
settlement was that O.P. No. 2 shall make payment of rest amount of
Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand) at the time of
furnishing of the bail bond.
4. Till date, the O.P. No. 2 herein (petitioner of Cr. Misc.
No. 72124 of 2024) did not make payment of Rs. 1,50,000/- (Rupees
One Lakh Fifty Thousand) nor has furnished her bail bond.
5. Learned counsel has submitted that by modifying the
order dated 08.09.2025 in Cr. Misc. No. 72124 of 2024, this fact
should be inserted in that order.
6. Considering the above mentioned facts and
circumstances, the prayer is allowed. The O.P. No. 2 herein (the
petitioner in Cr. Misc. No. 72124 of 2024) is directed to comply with
the second part of the condition no. 2 of terms and condition by
making payment of rest amount of Rs. 1,50,000/- to the petitioners
herein (the O.P. No. 2 in Cr. Misc. No. 72124 of 2024) at the time of
furnishing bail bond.
7. With the aforesaid direction/observation, the present
modification application stands disposed of.
(Nawneet Kumar Pandey, J)
priyanka/-
U T
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