Patna High Court
Sonu Kumar @ Himanshu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The High Court held that the bail condition may be modified to require attendance at the police station in the petitioner's new district.
Summary
The petitioner, Sonu Kumar, was granted bail by the Patna High Court on 18 July 2025 with the condition that he report to Kotwali (Basudeopur) Police Station in Munger every Sunday. Subsequently, his father, a government school teacher, sold his property and was transferred to Bhagalpur, prompting the petitioner to relocate. He filed an application seeking modification of the bail condition to reflect his new residence. The court considered the change of domicile and the practicality of compliance with the original condition. It modified the bail order, directing the petitioner to report to Jagdishpur Police Station in Bhagalpur on Sundays, and warned that any default would lead to cancellation of bail. The application for modification was allowed.
Issues considered
- Whether a bail condition requiring attendance at a specific police station can be modified due to a change in the petitioner's residence
- Whether the modification of bail conditions is within the jurisdiction of the High Court
Subjects
- bail
- modification of bail conditions
- attendance requirement
- change of residence
- Criminal Procedure Code
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61899 of 2025
In
CRIMINAL MISCELLANEOUS No.39303 of 2025
Arising Out of PS. Case No.-349 Year-2023 Thana- KOTWALI District- Munger
======================================================
Sonu Kumar @ Himanshu Kumar S/O Sri Binay Kumar @ Binay Yadav
Resident of village- kemkha (Khemkha), Basudeopur, Police Station- Kotwali
(Basudeopur), District- Munger (Bihar).
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Shashi Nath Jha, Advocate
For the State : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 10-02-2026 Heard learned counsel for the parties.
2. This application has been filed for
modification of the order dated 18.07.2025 passed in Cr. Misc.
No.39303 of 2025, whereby the petitioner has been granted bail
by this Court with a condition that he will mark his attendance
at Kotwali (Basudeopur O.P.) Police Station, District- Munger
on every Sunday of the month.
3. Learned counsel appearing on behalf of the
petitioner submits that the father of petitioner has sold out his
property and now he has been shifted to the district of
Bhagalpur where the father of the petitioner is posted as Teacher
in a Government School and therefore, this Court may modify
the condition of the bail.
Patna High Court CR. MISC. No.61899 of 2025(3) dt.10-02-2026
2/2
4. Having regard to the submissions made on
behalf of the parties, the condition mentioned in paragraph
no.10 of the order dated 18.07.2025 passed in Cr. Misc.
No.39303 of 2025 is modified to the extent that the petitioner
shall mark his attendance at Jagdishpur Police Station, District-
Bhagalpur on every Sunday of the month. Any default in
appearance at the Police Station would result in cancellation of
bail bonds of the petitioner.
5. Accordingly, this modification application is
allowed with the modification as above.
(Sandeep Kumar, J)
pawan/-
U T
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