Patna High Court
Abdhesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
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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