Patna High Court
Md. Firoj @ FirojversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the anticipatory bail order may be modified to replace the deceased father with the petitioner’s mother as bailor.
Summary
The petitioner, Md. Firoj, had been granted anticipatory bail on 11 August 2025 with the condition that his father act as one of the bailors. After the father’s death on 5 June 2023, the petitioner filed a modification application, attaching the death certificate and seeking to replace the father with his mother as bailor. The petitioner’s counsel argued that the original condition could not be fulfilled and that the court should amend the order accordingly. The court examined the submission and the supporting affidavit, and found no legal impediment to altering the bailor’s identity. Consequently, the court modified the anticipatory bail order, substituting the petitioner’s mother, Madina Khatoon, as bailor, and clarified the surrender deadline and terms. The modification was granted, allowing the petitioner to comply with the revised bail conditions.
Issues considered
- Whether the condition of a bailor being the petitioner’s father can be altered after the father’s death
- Whether the court may substitute another person as bailor in an existing anticipatory bail order
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.68761 of 2025
In
CRIMINAL MISCELLANEOUS No.48646 of 2025
Arising Out of PS. Case No.-147 Year-2023 Thana- PARIHAR District- Sitamarhi
======================================================
Md. Firoj @ Firoj Son of Late Md. Sultan @ Late Md. Sultan Ansari (Sultan
Momin) Village- Bhawanipur ward no. 12,Ps- Parihar, Dist- sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Kumar, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
6 09-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Learned counsel for the petitioner submits that
petitioner was granted the privilege of anticipatory bail by an
order dated 11.08.2025 in Criminal Miscellaneous No.48646 of
2025 with a condition that one of the bailors of the petitioner
shall be his father. It is next submitted that the instant
modification application has been filed seeking modification of
the order dated 11.08.2025 in Criminal Miscellaneous No.48646
of 2025 to the extent that the condition of bailor be removed as
father of the petitioner died much earlier and inadvertently the
word ‘Late’ could not be prefixed before the name of the father
of the petitioner while describing the petitioner. It is further
Patna High Court CR. MISC. No.68761 of 2025(6) dt.09-01-2026
2/2
submitted that in the modification application, a supplementary
affidavit has been filed bringing on record the death certificate
of the father of the petitioner annexed as Annexure-P/3 and from
perusal of the same, it would manifest that father of the
petitioner died on 05.06.2023.
3. In view of the submissions made by learned
counsel for the petitioner, the modification application is
allowed and the order dated 11.08.2025 in Criminal
Miscellaneous No.48646 of 2025 is modified to the extent that
one of the bailors of the petitioner shall be his mother, namely,
Madina Khatoon instead of father. It is made clear that if
petitioner surrenders on or before 30.01.2026, in that event, his
bail bond shall be accepted on the same terms and conditions. It
is also made clear that bailor of the petitioner now shall be his
mother as recorded hereinabove.
(Satyavrat Verma, J)
Sanjay/-
U T
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