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Patna High Court

Brij Mohan Kumar @ Brij Mohan Kumar Sahani @ Vrijmohan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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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