Patna High Court
Sabita Davi @ Babita Devi @ Savita DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The condition that one bailor shall be a close family member is read as requiring a local resident bailor.
Summary
The petitioners, a group of relatives from Kuari Khurd, filed a criminal miscellaneous application seeking modification of an anticipatory bail order dated 26-11-2025, which required that one of the bailors be a close family member. They argued that all their family members were co-accused, making it impossible to satisfy the condition. 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 the bail bond was extended by four weeks. Consequently, the original bail order was modified as directed.
Issues considered
- Whether a condition in an anticipatory bail order requiring a bailor to be a close family member can be enforced when no such family member is available.
- Whether the condition can be read to require a local resident bailor instead of a close family member.
Subjects
- anticipatory bail
- modification of bail conditions
- family member bailor
- local resident bailor
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90806 of 2025
In
CRIMINAL MISCELLANEOUS No.76087 of 2025
Arising Out of PS. Case No.-610 Year-2025 Thana- HAJIPUR SADAR District- Vaishali
======================================================
1. Sabita Davi @ Babita Devi @ Savita Devi Wife of Harendra Paswan @
Harind paswan Resident of Village- Kuari Khurd, P.s.- Hajipur Sadar, and
Dist.- Vaishali
2. Hulsi Devi Wife of Mahendra Paswan @ Mahindra Paswan Resident of
Village- Kuari Khurd, P.s.- Hajipur Sadar, and Dist.- Vaishali
3. Neetu Devi @ Nitu Devi Wife of Kamal Paswan Resident of Village- Kuari
Khurd, P.s.- Hajipur Sadar, and Dist.- Vaishali
4. Mahendra Paswan @ Mahindra Paswan son of Inrpat Paswan Resident of
Village- Kuari Khurd, P.s.- Hajipur Sadar, and Dist.- Vaishali
5. Harendra Paswan @ Harind Paswan son of Mahendra Paswan @ Mahindra
Paswan Resident of Village- Kuari Khurd, P.s.- Hajipur Sadar, and Dist.-
Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dilip Kumar Singh, Adv.
For the Opposite Party/s : Dr. Indiwar Kumari, 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 26.11.2025 passed in Cr. Misc.
No.76087 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
Patna High Court CR. MISC. No.90806 of 2025(2) dt.16-01-2026
2/2
all the family members of the petitioners have been made
accused in the present case and there is none to stand as bailor
on theirs behalf.
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 26.11.2025 stands modified to the
extent indicated above.
(Harish Kumar, J)
rohit/-
U T
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