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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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