Patna High Court
Nand Kishor PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that the payment condition was untenable due to the petitioner's poverty and therefore recalled it, granting release on bail with attendance conditions.
Summary
The petitioner, Nand Kishor Prasad, filed an application seeking modification of a prior order that required him to pay Rs. 25,000 to the Ram Krishna Mission Asharama. He asserted that he was extremely poor and financially incapable of making the payment, which had resulted in his continued judicial custody since June 2025. The court examined the petitioner's claim of poverty and the impact of the payment condition on his liberty. Finding the petitioner’s inability to pay genuine, the court recalled the payment condition and ordered his immediate release on bail. The bail was conditioned on attendance at the Ara Muffasil Police Station every Sunday, with default leading to cancellation of the bail bonds.
Issues considered
- Whether a condition of payment imposed in a bail order can be modified on the ground of the petitioner's financial incapacity
- Whether the petitioner is entitled to release from judicial custody upon modification of the bail condition
Subjects
- bail
- modification of order
- financial incapacity
- release from custody
- attendance condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89738 of 2025
In
CRIMINAL MISCELLANEOUS No.61773 of 2025
Arising Out of PS. Case No.-115 Year-2025 Thana- BARHARA District- Bhojpur
======================================================
Nand Kishor Prasad S/o Ashok Prasad R/o Village- Saidpur, PS- Ara
Muffasil, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shweta
For the Opposite Party/s : Mr. Md. Ataur Rahman
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. This is an application for modification of the order
dated 22.09.2025 passed by this Court in Cr. Misc. No. 61773 of
2025.
3. The learned counsel for the petitioner submits that
the petitioner is extremely poor and financially incapable of
paying the sum of Rs. 25,000/- to the Ram Krishna Mission
Asharama, Nala Road, Patna. He further submits that due to his
inability to pay the said amount, the petitioner has remained in
judicial custody since 07.06.2025.
4. In view of the above, this modification application
is allowed. The order dated 22.09.2025, passed in Cr. Misc. No.
Patna High Court CR. MISC. No.89738 of 2025(2) dt.12-02-2026
2/2
61773 of 2025, is modified, and the condition imposed upon the
petitioner in paragraph no. 8 is hereby recalled.
5. The Court below is directed to release the petitioner
forthwith.
6. Both the bailors will be close blood relatives of the
petitioner and the petitioner after being released on bail is
directed to mark his attendance at Ara Muffasil Police Station,
District-Bhojpur on every Sunday of the month. Any default in
appearance at the police station will result in cancellation of bail
bonds of the petitioner.
(Sandeep Kumar, J)
Shishir/-
U T
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