Patna High Court
Vikki Kumar @ Saurabh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The condition that a bailor be a close family member may be read as requiring a local resident bailor when family members are unavailable.
Summary
The petitioners sought modification of an anticipatory bail order dated 17‑09‑2025 which required that one of the bailors be a close family member. They argued that most family members were co‑accused or residing outside the state, making compliance impossible. The Court, after hearing counsel, allowed the modification, interpreting the condition to mean that one bailor should be a local resident of the petitioners instead of a close family member. The period for furnishing bail bond was extended by four weeks. Consequently, the original bail order was modified accordingly.
Issues considered
- Whether the condition that one bailor must be a close family member can be altered when family members are co‑accused or unavailable
- Whether a court may modify conditions of anticipatory bail on the basis of practical difficulties
Subjects
- anticipatory bail
- modification of bail conditions
- family member requirement
- local resident bailor
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90797 of 2025
In
CRIMINAL MISCELLANEOUS No.66652 of 2025
Arising Out of PS. Case No.-427 Year-2025 Thana- ALAMGANJ District- Patna
======================================================
1. Vikki Kumar @ Saurabh Kumar S/o Shankar Tatwa Resident of Opposite
Singhwa Tola, P.S- Belwarganj, Distt.- Patna
2. Vikas Kumar S/o Shankar Tatwa Resident of Opposite Singhwa Tola, P.S-
Belwarganj, Distt.- Patna
3. Vijay Shankar @ Shankar Tatwa S/o Devi Lal Resident of Opposite
Singhwa Tola, P.S- Belwarganj, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanat Kumar Mishra, Adv.
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 16-01-2026 Learned Advocate for the respective parties are
present.
2. The present application has been filed seeking
modification of the order dated 17.09.2025 passed in Cr. Misc.
No.66652 of 2025, whereby while extending the privilege of
anticipatory bail, one of the conditions was “One of the bailors
shall be the own/close family members of the petitioners”.
3. Learned Advocate for the petitioners submitted that
most of the family members have been made accused in the
present case and some of them are residing outside the State
and, as such, on account of the aforesaid reason, the afore-noted
Patna High Court CR. MISC. No.90797 of 2025(2) dt.16-01-2026
2/2
condition as imposed by this Court, could not be fulfilled.
3. In view of the submissions advanced by the learned
Advocate for the petitioner and taking note of the averments
made in the modification application, the same stands allowed.
4. The condition to the extent that “One of the bailors
shall be the own/close family members of the petitioners” shall
be read as “One of the bailors shall be the local residents of the
petitioners”.
5. The period for furnishing bail bond is extended for
a further period of four weeks from today.
6. The order dated 17.09.2025 stands modified to the
extent indicated above.
(Harish Kumar, J)
rohit/-
U T
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