Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The anticipatory bail order is modified to permit the petitioner’s uncle, Umesh Mandal, to act as bailor and to require bail bonds of Rs. 25,000 with two sureties, subject to Section 482(2) of the BNSS.
Summary
The petitioner, Nitish Kumar, had been granted anticipatory bail on 11-12-2025 with the condition that his father, Ram Kumar Mandal, act as one of the bailors. The petitioner later applied to modify this condition, claiming his father lacked property to furnish the required surety and requesting that his uncle, Umesh Mandal, be substituted as a bailor. The State did not oppose the modification. The court, after considering the petitioner's submission, modified the original bail order, allowing the uncle to act as bailor and stipulating that, if the petitioner surrenders on or before 9-2-2026, he must furnish bail bonds of Rs. 25,000 each with two sureties of the same amount, subject to Section 482(2) of the BNSS. The modification was ordered without any adverse finding against the State.
Issues considered
- Whether the condition of the anticipatory bail requiring the petitioner’s father as bailor can be modified
- Whether the petitioner’s uncle can be substituted as bailor in lieu of the father
- What surety amount and conditions are appropriate under Section 482(2) of the BNSS for the modified bail
Legislation cited
- Bihar Negotiable Instruments Act — s. 482(2)
Subjects
- anticipatory bail
- modification of bail conditions
- surety
- bail bonds
- Section 482(2) BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4722 of 2026
In
CRIMINAL MISCELLANEOUS No.80554 of 2025
Arising Out of PS. Case No.-265 Year-2025 Thana- SUPAUL District- Supaul
======================================================
Nitish Kumar S/O Ram Kumar Mandal Resident of Village- Vina, Tola-
Andauli, Ward No.- 09, P.S. and District- Supaul, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX W/O Radheshyam Mandal R/O Village- Vina, Tola- Andauli, Ward
No.-9, P.S and Distt.- Supaul, Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kuldeep Kumar
For the Opposite Party/s : Mr.Umanath Mishra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The learned counsel for the petitioner submits that
petitioner was granted the privilege of anticipatory bail by an
order dated 11-12-2025 in Cr. Misc No. 80554 of 2025 with a
condition that one of the bailors of the petitioner shall be his
father namely, Ram Kumar Mandal.
3. Learned counsel for the petitioner next submits that
father of the petitioner does not have any property to furnish the
surety. It is further submitted that the instant modification
application was filed much prior to the date of surrender of the
petitioner expiring. It is next submitted that uncle (mausa) of the
Patna High Court CR. MISC. No.4722 of 2026(2) dt.30-01-2026
2/2
petitioner be made one of the bailors.
4. Learned APP does not oppose the modification
application.
5. In view of the submission made by learned counsel
for the petitioner, the order dated 11-12-2025 in Cr. Misc No.
80554 of 2025 is modified to the extent that one of the bailors of
the petitioner shall be his uncle (mausa), Umesh Mandal, who
has sworn the modification application. It is further made clear
that if petitioner surrenders on or before 9-2-2026, in that event,
his bail bonds shall be accepted on furnishing bail bonds of Rs.
25,000/- (Rupees Twenty-five Thousand) with two sureties of
the like amount each to the satisfaction of the learned trial court
where the case is pending/successor court in connection with
Supaul P.S. Case No. 265 of 2025, subject to the conditions as
laid down under Section 482 (2) of the BNSS.
6. The order dated 11-12-2025 in Cr. Misc No. 80554
of 2025 is modified to the extent indicated above.
(Satyavrat Verma, J)
Sumit/-
U T
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