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Patna High Court

Usha KumariversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The application to modify the bail order was dismissed as the petitioner had given an undertaking to pay the loan and now refuses to do so, providing no ground for modification.

Summary

The petitioner, Usha Kumari, was granted bail on the condition that she would pay a bank loan of Rs. 3,17,000 and produce a no‑objection certificate from the bank. She later claimed she could not pay the amount because her husband is in judicial custody and filed an application to modify the bail order. The State pointed out that the petitioner had expressly undertaken before the court that she was ready to pay the loan, and that she has now refused to do so. The court held that the petitioner’s refusal to honor her undertaking does not constitute a ground for modifying the bail order. Consequently, the application for modification was dismissed.

Issues considered

  • What is the appropriate basis, if any, for modifying a bail order on the ground of inability to fulfil a financial condition imposed by the court?
  • Does a petitioner’s failure to honour an undertaking to pay a loan amount justify alteration or revocation of bail?

Subjects

  • bail
  • modification of bail order
  • undertaking
  • loan repayment condition
  • High Court
  • criminal miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68310 of 2025
                                              In
                              CRIMINAL MISCELLANEOUS No.29243 of 2025
                   Arising Out of PS. Case No.-231 Year-2024 Thana- SAMASTIPUR District- Samastipur
                 ======================================================
                 Usha Kumari wife of Saroj Kumar Jha Vill-Kalyanpur, Ward no. 11, P.S-
                 Kalyanpur, Dist- Samastipur

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Rajeev Kumar Choudhary Son of Uday chandra Choudhary, Assistant
                 General Manager, Bank of Baroda, Regional Office, Darbhanga, P.S.- Town,
                 Dist- Darbhanga

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr. Brajesh Kumar Singh, Advocate
                 For the State             :      Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   07-01-2026                        Heard Mr. Brajesh Kumar Singh, learned counsel

                   for the petitioner and Mr. Bhanu Pratap Singh, learned APP for

                   the State.

                                 2.      The present application has been filed for

                   modifying the order dated 05.08.2025 passed in Cr. Misc. No.

                   29243 of 2025.

                                 3. Learned counsel for the petitioner submits that the

                   petitioner has been granted bail with the condition that the

                   petitioner is ready to pay the loan amount to the Bank to the

                   tune of Rs. 3,17,000/- (Rupees Three Lakh Seventeen

                   Thousand) and the petitioner at the time of furnishing bail bond
Patna High Court CR. MISC. No.68310 of 2025(3) dt.07-01-2026
                                            2/3




          shall produce a no objection certificate from the Bank which

          suggest that the petitioner has paid the loan amount to the Bank.

                       4. Learned counsel for the petitioner submits that the

          petitioner is not in a position to pay the loan amount due to the

          reason that her husband Saroj Kumar Jha is languishing in

          judicial custody.

                       5.    Learned counsel for the State submits that it

          appears from paragraph-8 of the order dated 05.08.2025 which

          is quoted hereinbelow:

                              “8.    Learned counsel for the petitioner on
                              instructions fairly submits that the petitioner
                              is ready to pay the loan amount to the Bank
                              and as per FIR loan amount has come in tune
                              of        Rs. 3,17,000/- (Rupees Three Lakh
                              Seventeen Thousand) on the date of filing of
                              the FIR.”


                       6. It appears from the aforesaid that learned counsel

          for the petitioner on instruction had given an undertaking before

          this Court that the petitioner is ready to pay the loan amount to

          the Bank but after granting bail, the petitioner has refused to pay

          the same.

                       7. In view of the above, the petitioner had given an

          undertaking before this Court and now she has refused to pay
               Patna High Court CR. MISC. No.68310 of 2025(3) dt.07-01-2026
                                                           3/3




                         the loan amount to the Bank and hence no case is made out for

                         modifying the order dated 05.08.2025.                It is, accordingly,

                         dismissed.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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