Patna High Court
Golu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court modified the bail condition to permit any known person without a criminal antecedent as bailor and extended the surrender period by four weeks.
Summary
The petitioner, Golu Kumar, was granted anticipatory bail under Section 438(2) of the Cr.P.C. with a condition that bailors must be family members or relatives. He applied to modify this condition to allow any known person without a criminal antecedent to act as bailor and sought an additional four‑week extension to execute the bail bond, along with a nominal payment to the Legal Services Committee. The State did not oppose the application. The Patna High Court modified condition (i) accordingly and granted the four‑week extension, subject to the Rs. 500 payment. The order was pronounced by Justice Rajiv Roy.
Issues considered
- Whether the condition requiring bailors to be family members/relatives can be modified to include any known person with no criminal antecedent.
- Whether the time for surrendering the bail bond can be extended by four weeks.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- modification of bail conditions
- extension of time
- bail bond
- Section 438
- Patna High Court
- Legal Services Committee
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90796 of 2025
In
CRIMINAL MISCELLANEOUS No.70726 of 2025
Arising Out of PS. Case No.-167 Year-2025 Thana- JURAWANPUR District- Vaishali
======================================================
Golu Kumar S/o Hari Nath Ray @ Hari Ray R/o - Bishnpur Saud Ali Bhatan
Tola, P.S - Bidupur, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aniket Singh, Adv.
For the Opposite Party/s : Mr. Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 09-01-2026 Heard the parties.
2. the present application has been preferred for:
“modification of condition no.- (i) of the
order dated 14-10-2025 passed in Cr. Misc. No.
70726 of 2025. whereby and whereunder direction
has been given to the petitioner to be released on
anticipatory bail on furnishing bail of Rs. 10,000/-
(ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned
Exclusive Special Excise Court No. 2-cum-
Additional District & Sessions Judge, Vaishali at
Hajipur in connection with Jurawanpur P.S. Case
No. 167 of 2025 subject to condition as laid down
Patna High Court CR. MISC. No.90796 of 2025(2) dt.09-01-2026
2/2
under Section 438(2) of the Cr.P.C and also for
extension of time by further period of four weeks
for executing bail bond by the petitioner.”
3. The present petition has been preferred for
extension of time as also for modifying paragraph 7(i) which
shows that it should be family member of relative. The
submission is that those known to him having no criminal
antecedent be included as one of the bailor.
4. Having heard the parties and since there is no
opposition from the State, paragraph 7(i) is modified to the
extent that those known to the petitioner having no criminal
antecedent shall be one of the bailor.
5. The period of time for surrender is further extended
by four weeks subject to payment of Rs. 500/- to Patna High
Court Legal Services Committee.
(Rajiv Roy, J)
Vijay Singh/-
U
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