Patna High Court
Manish Kumar @ Manish JaiswalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the modification of the anticipatory bail order, substituting the petitioner’s maternal nephew as bailor in place of his deceased father.
Summary
The petitioner, Manish Kumar, had been granted anticipatory bail on 10-11-2025 with the condition that his father would act as a bailor. It was later discovered that the father had died in 2008, and the original order omitted the word 'late' before the father's name. The petitioner filed a modification application, attaching a death certificate of the father, seeking to replace the father with his maternal nephew, Santosh Kumar, as bailor. The court examined the submissions and allowed the modification, substituting the nephew as bailor and clarifying that if the petitioner surrenders before 22-01-2026, the bail bonds will be accepted on the same terms as the original order. The order dated 10-11-2025 was thus modified accordingly.
Issues considered
- Whether the anticipatory bail order can be modified to replace a bailor who is deceased
- Whether a substitute bailor, such as a maternal nephew, can be appointed under the anticipatory bail conditions
Subjects
- anticipatory bail
- modification of bail
- bail conditions
- death of bailor
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.440 of 2026
In
CRIMINAL MISCELLANEOUS No.74431 of 2025
Arising Out of PS. Case No.-364 Year-2025 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
Manish Kumar @ Manish Jaiswal Son of Late Rajeshwar Prasad Resident Of
Chhatauni, Badhai Tola, Ps- Chhatauni, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Prakash Dwivedi
For the Opposite Party/s : Mr.Md. Shakir Ahmad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The learned counsel for the petitioner submits
that petitioner has moved this Court seeking anticipatory
bail application by filing Cr. Misc. No.74431 of 2025 and
the same came to be allowed by an order dated 10.11.2025
with a condition that one of the bailors of the petitioner
shall be his father.
3. The learned counsel for the petitioner submits
that inadvertently in Cr. Misc. No.74431 of 2025, the word
‘late’ could not be prefixed before the name of the father of
the petitioner. It is also submitted that father of the
Patna High Court CR. MISC. No.440 of 2026(2) dt.09-01-2026
2/3
petitioner died in the Year 2008. It is next submitted that
accordingly the instant modification application has been
filed seeking modification of the order dated 10.11.2025 in
Cr. Misc. No.74431 of 2025 with regard to the condition of
bailor. It is also submitted that supplementary affidavit has
been filed in the modification application and from perusal
of Annexure-A to the supplementary affidavit, it would
manifest that the same contains the death certificate of the
father of the petitioner.
4. In view of the submissions made by the learned
counsel appearing on behalf of the petitioner, the
modification application is allowed.
5. The order dated 10.11.2025 in Cr. Misc.
No.74431 of 2025 is modified to the extend that one of the
bailors of the petitioner shall be his maternal nephew
Santosh Kumar instead of his father Late Rajeshwar Prasad.
6. It is made clear that if petitioner surrenders on
or before 22.01.2026, in that event, his anticipatory bail
bonds shall be accepted on the same terms and conditions as
recorded in order dated 10.11.2025 in Cr. Misc. No.74431
of 2025.
Patna High Court CR. MISC. No.440 of 2026(2) dt.09-01-2026
3/3
7. It is further made clear that the bailor instead of
father now would be his maternal nephew Santosh Kumar.
(Satyavrat Verma, J)
vikash/-
U T
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