Patna High Court
Brij Mohan Kumar @ Brij Mohan Kumar Sahani @ Vrijmohan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court modified the anticipatory bail order, permitting any of the four named persons to act as bailor, extending the surrender period by four weeks, and imposing a Rs. 500 payment to the Bihar State Legal Services Authority.
Summary
The petitioners, Brij Mohan Kumar and Aditya Kumar, had been granted anticipatory bail on 27 August 2025 with conditions to surrender within four weeks and to have a family member as bailor. They filed an application seeking modification of those conditions, submitting a supplementary affidavit indicating that Sanjay Kumar Sahani, Arvind Kumar Sahani, Parvati Devi and Rakesh Raushan would furnish bail bonds. The Court examined the request and allowed the modification, specifying that any of the four persons may act as bailor. It also directed the petitioners to pay Rs. 500 to the Bihar State Legal Services Authority. Additionally, the period for surrender was extended by another four weeks.
Issues considered
- Can the conditions of an anticipatory bail order be modified to change the designated bailor?
- Whether the surrender period under anticipatory bail can be extended?
- Whether a nominal payment to the State Legal Services Authority can be imposed as a condition?
Subjects
- anticipatory bail
- modification of bail conditions
- surrender period
- bail bond
- Bihar State Legal Services Authority
- Criminal Miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83247 of 2025
In
CRIMINAL MISCELLANEOUS No.56981 of 2025
Arising Out of PS. Case No.-378 Year-2024 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
1. Brij Mohan Kumar @ Brij Mohan Kumar Sahani @ Vrijmohan Kumar S/o-
Late Chandrika Sahani R/v- Agarawa Ps- Town Dist- East Champaran,
Motihari
2. Aditya Kumar S/o- Brij Mohan Kumar @ Brij Mohan Kumar Sahani @
Vrijmohan Kumar R/v- Agarawa Ps- Town Dist- East Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Adv.
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 09-01-2026 Heard the parties.
2. The present application has been filed for:
“modification of the order dated
27.08.2025 passed by this Court in Cr. Misc. No.
56981 of 2025 by which anticipatory bail was
granted to the petitioner with direction to
surrender within a period of the four weeks from
the date of the order with further direction that one
of the bailor should be the family
members/relatives of the petitioner who shall
provide official document to show his/her bona
Patna High Court CR. MISC. No.83247 of 2025(3) dt.09-01-2026
2/2
fide.”
3. The supplementary affidavit has come showing that
Sanjay Kumar Sahani, Arvind Kumar Sahani, Parvati Devi and
Rakesh Raushan shall be furnishing bail bonds on behalf of the
petitioners.
4. Accordingly, in the order dated 27.08.2025,
paragraph 7(i) is modified to the extent that the bailor should be
amongst the aforesaid four persons whose name has been
incorporated in the order.
5. These are subject to payment of Rs. 500/- to Bihar
State Legal Services Authority.
6. The period of surrender is further extended by four
weeks.
(Rajiv Roy, J)
Vijay Singh/-
U T
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