Patna High Court
Sukesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The modification petition is allowed, directing the petitioners to deposit the security amount within the stipulated time and prohibiting any further modification petitions.
Summary
The petitioners, Sukesh Kumar and co-accused Sabalu Paswan, sought modification of an earlier anticipatory bail order dated 29.02.2024, which required them to deposit a security of Rs. 4,15,993.5. The petitioners indicated readiness to pay the amount within a week. The court, after hearing counsel, allowed the modification petition, directing the petitioners to appear before the concerned court and deposit the security by 16.01.2026, failing which the bail bond would not be accepted. The court also noted that the time granted to Sabalu Paswan under a separate order had expired. It further clarified that no further modification petitions on this matter would be entertained.
Issues considered
- Whether the modification petition for anticipatory bail should be allowed to permit the petitioners to deposit the required security.
- Whether the court can impose a deadline for deposit and bar further modification petitions.
Subjects
- anticipatory bail
- modification petition
- security deposit
- bail bond
- high court
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70540 of 2025
In
CRIMINAL MISCELLANEOUS No.69785 of 2023
Arising Out of PS. Case No.-262 Year-2023 Thana- TAJPUR District- Samastipur
======================================================
Sukesh Kumar S/o- Satto Paswan R/v- Maurakhurd Ps- Tajpur Dist-
Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar
For the Opposite Party/s : Mr. Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 09-01-2026 Heard the parties.
2. The present petition preferred on behalf of
petitioner namely, Sukesh Kumar who has already granted
anticipatory bail in terms of order dated 29.02.2024
through Cr. Misc No. 69785 of 2023, the same prayer has
already allowed in favor of co-accused namely, Sabalu
Paswan @ Sabalu Kumar on earlier occasion.
3. Learned counsel for the petitioner has pointed
out that now both petitioners are ready to pay Rs.
4,15,993.5/- in terms of condition no. 1 as imposed
through Cr. Misc No. 69785 of 2023, within one week.
4. In view of aforesaid the present Modification
Petition stands allowed.
Patna High Court CR. MISC. No.70540 of 2025(3) dt.09-01-2026
2/2
5. During course of argument, it is submitted that
the time period granted to Sabalu Paswan @ Sabalu Kumar
through Cr. Misc. No. 2250 of 2025 also expired.
6. In view of aforesaid, both petitioners namely,
Sukesh Kumar and Sabalu Paswan @ Sabalu Kumar in view
of undertaking of the learned counsel Mr. Ajay Kumar
appearing for petitioners are directed to appear before the
court concerned within a week to deposit Rs. 4,15,993.5/-
in view of the condition no. 1 as passed in Cr. Misc No.
69785 of 2023 i.e., by 16.01.2026 on the basis of their
undertaking/ submission.
7. If both petitioners failed to deposit aforesaid
amount in terms of their own undertaking, bail bond of
petitioners shall not be accepted thereafter, i.e., after
16.01.2026.
8. It is made clear that no further modification
petition in this connection shall be entertained in future.
(Chandra Shekhar Jha, J)
Sudha/-
U T
Checking your session…