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Patna High Court

Md. Firoj @ FirojversusThe State of Bihar

Decided
Disposal
DISPOSED

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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