Patna High Court
Shamim Akhtar @ Md. SamimversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The condition requiring a close family member as bailor is expunged and the surrender period is extended, modifying the original anticipatory bail order.
Summary
Shamim Akhtar and Aaliya Begum, residents of Kishanganj, filed an application to modify the anticipatory bail order dated 17-10-2025, which required that one of their bailors be a close family member. They argued that no close family members reside in the jurisdiction of the case (Araria), making compliance impossible. The State opposed the modification. The Patna High Court, after hearing both sides, allowed the modification, expunging the condition that a bailor must be a close family member and directing the petitioners to surrender and furnish bail bond within four weeks. The order was thus modified to reflect the new surrender period and removal of the bailor condition.
Issues considered
- Whether the condition that a bailor must be a close family member can be altered or removed in an anticipatory bail order
- Whether the period for surrender before the court can be extended
Subjects
- anticipatory bail
- modification of bail conditions
- bail bond
- surrender period
- close family member
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89736 of 2025
In
CRIMINAL MISCELLANEOUS No.42306 of 2025
Arising Out of PS. Case No.-118 Year-2024 Thana- SIKTI District- Araria
======================================================
1. Shamim Akhtar @ Md. Samim S/O Salimuddin @ Datu R/O Village-
Thiraniganj Bhorha, P.S- Terhagachh, Distt.- Kishanganj.
2. Aaliya Begum W/O Shamim Akhtar @ Md. Samim R/O Village-
Thiraniganj Bhorha, P.S- Terhagachh, Distt.- Kishanganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Adv.
For the Opposite Party/s : Mr. Jagdhar Prasad, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 09-01-2026 Heard the parties.
2. The application is filed for modification of the
order dated 17.10.2025 passed by this Court in Criminal
Miscellaneous No. 42306 of 2025 for expunging the condition
imposed upon the petitioners that one of the bailor shall be the
own/close family members of the petitioners and further for
extending the period of surrender to the petitioners before the
learned Court.
3. Learned Advocate for the petitioners submitted that
while extending the privilege of anticipatory bail, the afore-
noted condition has been imposed, however, it is the fact that
Patna High Court CR. MISC. No.89736 of 2025(2) dt.09-01-2026
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petitioners are resident of village Thiraniganj Bhorha, P.S.
Terhagachh, District Kishanganj whereas the instant case is of
District Araria where none of the own-close family members of
the petitioners are residing and, as such, they are not able to
produce the bailors.
4. Learned Advocate for the State is also present.
5. In view of the submissions advanced and the
averments made in the modification application, the same stands
allowed.
6. The condition imposed upon the petitioners that
one of the bailor shall be one of the close family member of the
petitioners, stands expunged.
7. The orders stands modified to the extent indicated
hereinabove.
8. The petitioners are directed to ensure their
surrender and furnish bail bond preferably within a period of
four weeks from today.
(Harish Kumar, J)
supratim/-
U T
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