Patna High Court
Ray Kumar @ Rai KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court modified the bail order, substituting the brother‑in‑law as bailor in place of the father.
Summary
Petitioner Ray Kumar was granted regular bail on 30-01-2026 with the condition that his father, Balmiki Yadav, act as a bailor. The father is also an accused in the same case, rendering him ineligible to be a bailor. The petitioner’s counsel requested that the brother‑in‑law, Sushil Kumar, be substituted as bailor. The Court examined the submission and found merit in the request. Consequently, the bail order was modified to replace the father with the brother‑in‑law as bailor, while all other conditions of the original order remained unchanged.
Issues considered
- Whether a bail condition requiring a specific bailor can be altered when the named bailor is an accused in the same case
Subjects
- regular bail
- bailor
- modification of bail order
- criminal procedure
- accused as bailor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88173 of 2025
Arising Out of PS. Case No.-462 Year-2024 Thana- RANIYATALAB District- Patna
======================================================
Ray Kumar @ Rai Kumar S/O Balmiki Yadav R/O Jitan Chhapra, P.S- Rani
Talab, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar
For the Opposite Party/s : Ms. Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 02-02-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. Based on mentioning made by learned counsel for
the petitioner, the case has been listed under the heading “To Be
Mentioned”.
3. The learned counsel for the petitioner submits that
petitioner was granted the privilege of regular bail by an order
dated 30-1-2026 with a condition that one of the bailors of the
petitioner shall be his father. It is next submitted that father of
the petitioner is also an accused in the instant case thus the
father could not be made a bailor. It is further submitted that this
fact inadvertently escaped his attention. It is next submitted that
brother-in-law of the petitioner, namely, Sushil Kumar, had
sworn the affidavit, as such Sushil Kumar be made a bailor.
Patna High Court CR. MISC. No.88173 of 2025(3) dt.02-02-2026
2/2
4. In view of the submission made by learned counsel
for the petitioner, one of the bailors of the petitioner shall be his
brother-in-law, namely, Sushil Kumar, instead of his father,
Balmiki Yadav.
5. The order dated 30-1-2026 is modified to the extent
indicated above. Rest of the order shall remain the same.
(Satyavrat Verma, J)
Sumit/-
U T
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