Manohar Rai @ Manohar Ray Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Manohar Rai @ Manohar Ray Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Modification of para-7 of the order dated 22-3-2025 in Cr. Misc No. 72245 of 2024: the condition naming the petitioner's father late Lalit Rai as bailor is replaced by his son Chanchal Kumar (who has sworn the affidavit); further directed that if the petitioner surrenders on or before 28-7-2025, his bail bonds shall be accepted.

Issue for consideration

Whether para-7 of the order dated 22-3-2025 in Cr. Misc No. 72245 of 2024, requiring the petitioner's father Lalit Rai to be one of his bailors, should be modified, given that the father died on 10-12-2009 and the word 'late' was inadvertently omitted in the earlier order.

Court's answer

Para-7 of the order dated 22-3-2025 in Cr. Misc No. 72245 of 2024 is modified so that one of the petitioner's bailors shall be his son Chanchal Kumar, who has sworn the affidavit, instead of the petitioner's father late Lalit Rai.

Ratio / Principle

If the petitioner surrenders on or before 28-7-2025, his bail bonds shall be accepted.

Detailed headnote1 paragraphs

Anticipatory bail — modification of bail condition — substitution of deceased bailor: The High Court of Judicature at Patna (Satyavrat Verma, J.) allowed a modification application and altered para-7 of its order dated 22-3-2025 in Cr. Misc No. 72245 of 2024 (arising out of PS Case No. 126 of 2024, P.S. Doriganj, District Saran), by which anticipatory bail granted to Manohar Rai @ Manohar Ray carried the condition that one of his bailors shall be his father Lalit Rai. Since the father had died on 10-12-2009 (as manifested from Annexure-2 to the supplementary affidavit) and the word 'late' had been inadvertently omitted before his name in the earlier order, the condition was modified to read that one of the bailors shall be the petitioner's son, Chanchal Kumar, who has sworn the affidavit. The Court further clarified that if the petitioner surrenders on or before 28-7-2025, his bail bonds shall be accepted. Learned APP did not dispute the petitioner's submission.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31705 of 2025

In

CRIMINAL MISCELLANEOUS No.72245 of 2024

Arising Out of PS. Case No.-126 Year-2024 Thana- DORIGANJ District- Saran

======================================================

Manohar Rai @ Manohar Ray S/O Late Lalit Rai Village- Chakiya, P.S.Doriganj, District- Saran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar Singh For the Opposite Party/s : Mr.Arun Kumar Pandey

======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

4 18-07-2025 1. Heard learned counsel for the petitioner and learned APP for the State.

2. The learned counsel appearing on behalf of the petitioner submits that petitioner was granted the privilege of anticipatory bail by an order dated 22-3-2025 in Cr. Misc No. 72245 of 2024, with a condition that one of the bailors of the petitioner shall be his father namely Lalit Rai.

3. It is next submitted that father of the petitioner died on 10-12-2009, as would manifest from Annexure-2 to the supplementary affidavit. It is further submitted that inadvertently in Cr. Misc No. 72245 of 2024, the word "late" was not prefixed before the name of the father of the petitioner.

4. The learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.31705 of 2025(4) dt.18-07-2025 2/2

petitioner thus submits that the instant modification application has been filed seeking modification of the order dated 22-32025 in Cr. Misc No. 72245 of 2024 for modifying the condition of bail since father of the petitioner had died much before.

5. Learned APP also does not dispute the submission made by the the learned counsel appearing on behalf the petitioner in view of the Annexure-2 to the supplementary affidavit.

6. After hearing the learned counsel appearing on behalf of the petitioner, para-7 of the order dated 22-3-2025 in Cr. Misc No. 72245 of 2024 is modified to read as "one of the bailors of the petitioner shall be his son, Chanchal Kumar, who has sworn the affidavit, instead of father of the petitioner, late Lalit Rai".

7. It is made clear that if the petitioner surrenders on or before 28-7-2025, in that event his bail bonds shall be accepted.

(Satyavrat Verma, J)

Sumit/-