Ricky Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Ricky Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Modification application allowed: para 8(I) of the bail order dated 21.01.2026 in Criminal Miscellaneous No. 2487 of 2026 amended so that 'One of the bailors shall be father/brother of the petitioner namely Ricky Kumar.' replaces the earlier requirement of an own/close family-member bailor; all other bail conditions unchanged.

Issue for consideration

Whether the condition in para 8(I) of the order dated 21.01.2026 passed in Criminal Miscellaneous No. 2487 of 2026 — that one of the bailors shall be an own/close member of the family of petitioner No. 3 (Ricky Kumar) — should be modified, given that all close/own family members of the petitioner are named accused in Rahui P.S. Case No. 607 of 2025 and the petitioner is unmarried, so no such relative can act as bailor.

Court's answer

On perusal of the record, the Court found the petitioner's submission correct: the petitioner has no close/own family member who can serve as bailor, as all close/own family members are named accused in Rahui P.S. Case No. 607 of 2025 and the petitioner is unmarried.

Ratio / Principle

The words in paragraph 8(I) of the order dated 21.01.2026 passed in Criminal Miscellaneous No. 2487 of 2026 — 'One of the bailors shall be own/close member of the family of the petitioner No.3.' — stand modified to read: 'One of the bailors shall be father/brother of the petitioner namely Ricky Kumar.', and it is made clear that the rest of the conditions remain the same.

Key takeaways

The order dated 21.01.2026 passed in Criminal Miscellaneous No. 2487 of 2026 is modified to the extent indicated, i.e., only the para 8(I) bailor condition is changed.ratio¶24

Detailed headnote1 paragraphs

Bail condition — modification of surety/bailor requirement. The Patna High Court (Rudra Prakash Mishra, J.; order dated 17-04-2026) allowed Criminal Miscellaneous No. 27078 of 2026, a modification application concerning the order dated 21.01.2026 passed in Criminal Miscellaneous No. 2487 of 2026, whereby the petitioner Ricky Kumar and two others had been granted bail in Rahui P.S. Case No. 607 of 2025 (Thana Rahui, District Nalanda). Para 8(I) of the bail order had required that one of the bailors be an own/close member of the family of petitioner No. 3 (Ricky Kumar). Counsel submitted that all close/own family members of the petitioner are named accused in the same FIR and the petitioner is unmarried, leaving no eligible close/own relative to act as bailor, so the petitioner could not be released. Finding the submission correct on perusal of the record, the Court modified para 8(I) to read 'One of the bailors shall be father/brother of the petitioner namely Ricky Kumar.' and clarified that the rest of the bail conditions remain unchanged.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27078 of 2026

In

CRIMINAL MISCELLANEOUS No.2487 of 2026

Arising Out of PS. Case No.-607 Year-2025 Thana- RAHUI District- Nalanda

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

Ricky Kumar S/O Munna Prasad @ Munni Mahto Village- Shamabad, P.S.Bhaganbigha, Rahui, Dist.- Nalanda

... ... Petitioner/s

Versus

The State of Bihar Patna

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr.Ashok Kumar, Advocate For the Opposite Party/s : Mr.Mohammad Sufyan, A.P.P.

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

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 17-04-2026

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The present application has been filed for modification of the order dated 21.01.2026 passed in Criminal Miscellaneous No. 2487 of 2026 by which the petitioner and two others were granted bail in connection with Rahui P.S. Case No. 607 of 2025 to the satisfaction of Court below.

Learned counsel for the petitioner submits that as per para – 8(I) of the order dated 21.01.2026 passed in Criminal Miscellaneous No. 2487 of 2026, one of the bailors shall be own/close member of the family of the petitioner No. 3 namely Ricky Kumar. He further submitted that all close/own family members of the petitioner are named accused persons in Rahui

Patna High Court CR. MISC. No.27078 of 2026(2) dt.17-04-2026 2/2

P.S. Case No. 607 of 2025 and further petitioner is unmarried, accordingly, petitioner is not having any close/own relative who can serve as bailor and, as such, the petitioner could not be released on bail.

From perusal of the record, it appears that learned counsel for the petitioner is correct in his submission.

Let the words mentioned in paragraph ‘8(I) One of the bailors shall be own/close member of the family of the petitioner No.3.’ of the order dated 21.01.2026 passed in Criminal Miscellaneous No. 2487 of 2026 be modified as “One of the bailors shall be father/brother of the petitioner namely Ricky Kumar.” It is made clear that rest of the conditions would be the same.

The order dated 21.01.2026 passed in Criminal Miscellaneous No. 2487 of 2026 is modified to the extent as indicated above.

The modification application is, accordingly,

allowed.

(Rudra Prakash Mishra, J)

manish/-

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