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Patna High Court

BRIGADIER SATISH KAPURversusTHE UNION OF INDIA THROUGH CENTRAL BUREAU OF INVESTIGATION.

Decided
Disposal
DISMISSED

Holding

The court held that the petitioner had not shown sufficient cause to justify the removal of the passport surrender condition, and therefore the bail order was not modified.

Summary

Brigadier Satish Kapur was granted bail in 2011 on the condition that he surrender his passport. He later filed a petition seeking to have that condition removed so he could travel abroad for lectures and seminars. The petitioner argued that the condition was unnecessary for his case. The court examined the reasons provided but found them unsatisfactory. Consequently, the court declined to modify the bail order and dismissed the petition, leaving the passport surrender condition intact.

Issues considered

  • Whether the condition of surrendering the passport in the bail order can be expunged on the petitioner's request

Subjects

  • bail
  • passport surrender
  • modification of bail conditions
  • criminal miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10486 of 2020
                                              In
                              CRIMINAL MISCELLANEOUS No.18344 of 2011
                         Arising Out of PS. Case No.-7 Year-2004 Thana- C.B.I CASE District- Patna
                 ======================================================
                 BRIGADIER SATISH KAPUR Son of Late Shri D R Kapur Resident of
                 3644, D - 3, Vasant Kunj, New Delhi 110070.

                                                                                      ... ... Petitioner/s
                                                  Versus
                 The Union Of India Through Central Bureau Of Investigation. Govt. Of India.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mrs. Archana Sinha, Sr. Advocate
                                                    Mr. Alok Kumar @ Alok Kr Shahi, Advocate
                 For the Opposite Party/s :         Mr. Bipin Kumar Sinha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   27-02-2026                   Heard learned counsel for the petitioner and the State.

                                 2. This petition has been filed for modification of

                   order dated 20.09.2011 passed in Cr. Misc. No. 18344 of 2011

                   whereby petitioner was granted bail with one of the conditions

                   to surrender his passport.

                                 3. Petitioner seeks to expunge that aforesaid condition

                   and prays for release of his passport as he is frequently invited

                   to deliver lectures and attend Seminars abroad.

                                 4. This court does not find the reasons stated in the

                   modification petition satisfactory and as such, order dated

                   20.09.2011 passed in Cr. Misc. No. 18344 of 2011 is not

                   required to be modified. This modification petition is,
              Patna High Court CR. MISC. No.10486 of 2020(3) dt.27-02-2026
                                                          2/2




                        accordingly, dismissed.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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