Created by Fuzzy Cloud

Patna High Court

Sanjiv kumar @ Sanjeev KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court modified the bail order to include verification of the petitioner’s criminal antecedent, provision for cancellation if involved in other cases, and extended the surrender period, disposing of the modification application.

Summary

The petitioner, Sanjiv Kumar, sought modification of a regular bail order dated 06-01-2026 which granted bail with a condition that his bail bond would be cancelled if he was found involved in any case other than the one specified. The petitioner argued that paragraph 8 of the order conflicted with paragraph 3, which already listed another case (Shastrinagar P.S. Case No. 551 of 2021) in which he was an accused. The court modified the bail order to require verification of the petitioner’s criminal antecedent and to cancel the bail bond if he is involved in any case not mentioned in paragraph 3 of the original order. Additionally, the court extended the time for the petitioner to surrender by four weeks. All other conditions of the original bail order remained unchanged, and the modification application was disposed of.

Issues considered

  • Whether the bail order can be modified to include a condition of verification of the petitioner’s criminal antecedent and cancellation of bail if involved in other cases
  • Whether the time for surrender can be extended by the court

Subjects

  • bail
  • modification of bail order
  • criminal antecedent
  • surrender period
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9514 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.28314 of 2025
                      Arising Out of PS. Case No.-667 Year-2024 Thana- RAJIVNAGAR District- Patna
                 ======================================================
                 Sanjiv kumar @ Sanjeev Kumar Son of Binod Kumar @ Vinod Kumar R/O-
                 Ramnagri, Sector 4, Near Asha Kunj Apartment, P.s.-Rajiv Nagar, District
                 -Patna, Bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Sushma Kumari Daughter of Mevalal Ray Resident of village- Pipra, Ps-
                 Madhuban, Dist- Motihari, At Present A.g. Colony, near Bank of Baroda, Ps-
                 Shastri nagar, Dist- Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vishal Vikram Rana, Adv.
                                                  Mr. Misha Bharti, Adv.
                                                  Mr. Utkarsh Vikram Rana, Adv.
                                                  Mr. Akash Priya, Adv.
                                                  Mr. Kumar Saurav Dev, Adv.
                 For the Opposite Party/s :       Mr.Anil Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   06-02-2026                   Heard learned counsel for the petitioner and the State.

                                 2. The present application has been filed for

                   modification of the order dated 06-01-2026 passed in Cr. Misc.

                   No. 28314 of 2025 alongwith analogous case by which, the

                   petitioner was granted regular bail.

                                 3. It has been submitted that It is submitted on behalf

                   of the petitioner that the petitioner was granted regular bail by

                   order dated 06-01-2026 in Cr. Misc. No. 28314 of 2025 with

                   analogous case and in paragraph 8 of the order, it has been
Patna High Court CR. MISC. No.9514 of 2026(2) dt.06-02-2026
                                            2/3




          mentioned that if, the petitioner is found involved in any case

          other than the present one, his bail bond shall not be accepted

          whereas in paragraph-3 of the petition, it has already been

          mentioned that the petitioner is an accused in Shastrinagar P.S.

          Case No. 551 of 2021 except the present one.

                       4. Accordingly, paragraph-8 of the order dated 06-01-

          2026 passed in Cr. Misc. No. 28314 of 2025 with analogous

          case Cr. Misc. No. 32229 of 2025, is modified to the extent of

          the petitioner, Sanjiv Kumar @ Sanjeev Kumar only which is as

          follows:

                       5. After accepting the bail bonds, the criminal

          antecedent of the petitioner, Sanjiv Kumar @ Sanjeev

          Kumar shall be verified and if, it is found that he is involved

          in any other case except the case(s) mentioned in paragraph-

          3 of Cr. Misc. No. 28314 of 2025, the court below shall cancel

          the bail bonds of the petitioner.

                       6. The time for surrender of the petitioner, Sanjiv

          Kumar @ Sanjeev Kumar is extended further for four weeks

          from today.

                       7. Rest of the conditions shall remain the same as

          mentioned in the order dated 06-01-2026 passed in Cr. Misc.

          No. 28314 of 2025 alongwith analogous case.
            Patna High Court CR. MISC. No.9514 of 2026(2) dt.06-02-2026
                                                        3/3




                                   7.Accordingly, this modification application stands

                      disposed of.




                                           (Nawneet Kumar Pandey, J)
A.K.V.//-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.