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Patna High Court

Abdhesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court modified the bail condition, permitting surrender within two weeks and acceptance of bail bonds, while reserving the right to act on any adverse police report thereafter.

Summary

The petitioner had been granted anticipatory bail on 02‑04‑2025 with a condition that the court verify his criminal antecedent before releasing him. Several months later, the police report on his antecedent had not been received, prompting the petitioner to seek modification of the bail order. The court noted the undue delay and directed the police to explain it, but allowed the petitioner to surrender within two weeks, after which his bail bonds would be accepted and the antecedent verification condition would not hinder bail. The court also retained the authority to act if an adverse police report is later received. Accordingly, the modification application was disposed of.

Issues considered

  • Whether the anticipatory bail condition requiring verification of the petitioner’s criminal antecedent can be modified due to delay in the police report.
  • Whether surrender within a stipulated period can waive the antecedent‑verification condition.

Subjects

  • anticipatory bail
  • criminal antecedent report
  • bail modification
  • surrender
  • police report delay
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7286 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.15433 of 2025
                   Arising Out of PS. Case No.-289 Year-2023 Thana- GANGABRIDGE District- Vaishali
                 ======================================================
                 Abdhesh Kumar S/O Hari Vilash Singh Resident of Village- Sahdullahpur,
                 P.S- Gangabridge, Dist.- Vaishali.
                                                                        ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Shivjee Singh
                 For the Opposite Party/s :      Mr.Mithlesh Kumar Khare
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   06-02-2026                  It appears from the order dated 02.04.2025, the

                   petitioner had been granted anticipatory bail subject to the

                   conditions and one of the conditions was for the learned court

                   below to verify the criminal antecedent of the petitioner before

                   releasing him on bail.

                                2. It has been submitted on behalf of the counsel for

                   the petitioner that till date, the report from the police has not

                   reached to the concerned court with regard to verification of his

                   criminal antecedent.

                                3. It seems to be a sorry state of affairs that the order

                   was passed on 02.04.2025 but, even after lapse of so many

                   months, the criminal antecedent report has not been received by

                   the concerned court. The learned court concerned is directed to

                   seek an explanation from the concerned police authority with
             Patna High Court CR. MISC. No.7286 of 2026(2) dt.06-02-2026
                                                         2/2




                       regard to the delay caused in sending the criminal antecedent

                       report of the petitioner. However, it is directed that if the

                       petitioner surrenders within a period of two weeks, his bail

                       bonds shall be accepted and the condition no. 2 of the order

                       would not be an impediment in acceptance of the bail bonds.

                                    4. However, it is made clear that in case any adverse

                       police report with regard to his antecedent is received

                       subsequently, the court concerned would be at liberty to pass

                       appropriate order in accordance with law.

                                    5. With the aforesaid observation and direction, the

                       present modification application is disposed of.


                                                 (Soni Shrivastava, J)
devendra/-

U      T


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