Patna High Court
Abhay KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The bail order was modified by deleting the verification condition and allowing the petitioner’s release on bail.
Summary
The petitioner, Abhay Kumar, was granted bail on 12 August 2025 in Cr. Misc. No. 54191, subject to a condition that his criminal antecedent be verified and bail withdrawn if he was involved in any other case. Counsel for the petitioner argued that he already had another case (Tikkapatti P.S. Case No. 50 of 2025) whose confessional statement was omitted from the bail petition, and that he had already served four months in custody. The High Court considered these facts and held that the bail condition was unnecessary. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject only to cooperation with the trial. Paragraph 7 of the original bail order was deleted, and the modification application was allowed.
Issues considered
- Whether the condition of verifying the petitioner’s criminal antecedent in the bail order can be removed when the petitioner already has another pending case and has served custodial time.
Subjects
- bail
- modification of bail order
- criminal antecedent
- custody
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86687 of 2025
In
CRIMINAL MISCELLANEOUS No.54191 of 2025
Arising Out of PS. Case No.-51 Year-2025 Thana- TIKAPATTI District- Purnia
======================================================
Abhay Kumar S/O Birendra Choudhari @ Virendra Chaudhari R/O Village-
Srimata, Ward No.- 04, P.S- Tikkapatti, Distt.- Purnea.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nishant Kumar Sinha
For the Opposite Party/s : Mr.Anita Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 09-01-2026 This is an application for modification of order dated
12/08/2025 in Cr. Misc. No- 54191 of 2025 passed by this Court
in connection with Tikkapatti P.S. Case No-51/2025
2. The petitioner was granted bail vide order dated
12.08.2025 in Cr. Misc. No. 54191 of 2025. In paragraph no. 7
of that order, it was observed that before accepting the bail
bond, the criminal antecedent of the petitioner be verified from
the court below and if it is found that he is involved in any other
case except the present one, his bail bond shall not be accepted.
3. Learned counsel for the petitioner submits that
except the present case, the petitioner has one more criminal
antecedent i.e. Tikkapatti P.S. Case No. 50 of 2025 in which the
Patna High Court CR. MISC. No.86687 of 2025(3) dt.09-01-2026
2/2
confessional statement was recorded, but it was mistakenly left
out from being mentioned in para-3 of the bail petition in Cr.
Misc. No.54191 of 2025. He has submitted further that the
petitioner has amply been punished by remaining four months
more under custody.
4. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on
bail on furnishing bail bonds of Rs.10,000/- with two sureties
of the like amount each to the satisfaction of learned Chief
Judicial Magistrate, Purnea in connection with Tikapatti P.S.
Case No. 51 of 2025, subject to the condition that the petitioner
shall cooperate in the disposal of trial and make himself
available as and when required by the court.
5. Accordingly, the modification application is
allowed and para-7 of the order dated 12.08.2025 in Cr. Misc.
No. 54191 of 2025 shall deemed to be deleted.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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