Shamim Akhtar @ Md. Samim Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Shamim Akhtar @ Md. Samim Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Modification application allowed: the condition in the anticipatory bail order dated 17.10.2025 requiring that one of the bailors be an own/close family member of the petitioners stands expunged and the order modified to that extent; petitioners directed to surrender and furnish bail bond preferably within four weeks.

Issue for consideration

Whether the condition imposed in the anticipatory bail order dated 17.10.2025 that one of the bailors shall be an own/close family member of the petitioners should be expunged, and the period of surrender before the learned Court extended.

Court's answer

The modification application is allowed in view of the submissions advanced and the averments made in the modification application.

Ratio / Principle

The condition imposed upon the petitioners that one of the bailors shall be a close family member of the petitioners stands expunged.

Key takeaways

The earlier order stands modified to the extent indicated (expunging of the close-family-member bailor condition).ratio¶¶23
The petitioners are directed to ensure their surrender and furnish bail bond preferably within a period of four weeks from the date of the order.ratio¶¶24

Detailed headnote1 paragraphs

Patna High Court (Harish Kumar, J), by order dated 09-01-2026 in Criminal Miscellaneous No.89736 of 2025 (arising out of Criminal Miscellaneous No.42306 of 2025; PS Case No. 118 of 2024, Sikti PS, District Araria), allowed a modification application against the anticipatory bail order dated 17.10.2025. The Court expunged the condition that one of the bailors shall be an own/close family member of the petitioners, the stated basis being that the petitioners reside at Village Thiraniganj Bhorha, P.S. Terhagachh, District Kishanganj, while the case pertains to District Araria where none of their own/close family members reside. The order was modified to that extent, and the petitioners were directed to ensure their surrender and furnish bail bond preferably within four weeks.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89736 of 2025

In

CRIMINAL MISCELLANEOUS No.42306 of 2025

Arising Out of PS. Case No.-118 Year-2024 Thana- SIKTI District- Araria

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

Shamim Akhtar @ Md. Samim S/O Salimuddin @ Datu R/O VillageThiraniganj Bhorha, P.S- Terhagachh, Distt.- Kishanganj.

Aaliya Begum W/O Shamim Akhtar @ Md. Samim R/O VillageThiraniganj Bhorha, P.S- Terhagachh, Distt.- Kishanganj.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar Rana, Adv. For the Opposite Party/s : Mr. Jagdhar Prasad, Adv. ======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

2 09-01-2026 Heard the parties.

The application is filed for modification of the

order dated 17.10.2025 passed by this Court in Criminal Miscellaneous No. 42306 of 2025 for expunging the condition imposed upon the petitioners that one of the bailor shall be the own/close family members of the petitioners and further for extending the period of surrender to the petitioners before the learned Court.

Learned Advocate for the petitioners submitted that while extending the privilege of anticipatory bail, the aforenoted condition has been imposed, however, it is the fact that

Patna High Court CR. MISC. No.89736 of 2025(2) dt.09-01-2026 2/2

petitioners are resident of village Thiraniganj Bhorha, P.S. Terhagachh, District Kishanganj whereas the instant case is of District Araria where none of the own-close family members of the petitioners are residing and, as such, they are not able to produce the bailors.

Learned Advocate for the State is also present.

In view of the submissions advanced and the averments made in the modification application, the same stands allowed.

The condition imposed upon the petitioners that one of the bailor shall be one of the close family member of the petitioners, stands expunged.

The orders stands modified to the extent indicated hereinabove.

The petitioners are directed to ensure their surrender and furnish bail bond preferably within a period of four weeks from today.

(Harish Kumar, J)

supratim/-