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Patna High Court

Om Prakash LalversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court deleted the condition requiring the petitioner to attend the police station monthly, allowing the modification application.

Summary

Om Prakash Lal was granted bail by the Patna High Court on 10 April 2024 with a condition to appear at Pirbahore Police Station on the first Sunday of each month. He later applied for modification, stating that he needed to accompany his family for medical treatment in Delhi and could not comply with the attendance condition. The court considered the request and, finding no substantive reason to retain the condition, deleted the specific attendance requirement while leaving the rest of the bail order intact. The modification application was therefore allowed. The petitioner’s bail remains in force, but without the monthly police attendance condition.

Issues considered

  • Whether a bail condition requiring periodic police attendance can be modified on the ground of the bailer's personal circumstances

Subjects

  • bail
  • modification
  • police attendance condition
  • personal circumstances
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1299 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.18904 of 2024
                     Arising Out of PS. Case No.-390 Year-2023 Thana- BAHADURPUR District- Patna
                 ======================================================
                 Om Prakash Lal S/O Shyam Lal R/o - Birla Mandir Road, Sabjibagh, P.S.-
                 Pirbahore, Dist.- Patna.
                                                                         ... ... Petitioner
                                               Versus
                 The State of Bihar
                                                                  ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner        :          Mr. Pramod Kumar, Advocate
                 For the State             :          Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   12-02-2026                        Heard learned counsel for the parties.

                                      2.       This    application     has    been    filed    for

                   modification of the order dated 10.04.2024 passed in Cr. Misc.

                   No.18904 of 2024, whereby the petitioner has been granted bail

                   by this Court with a condition that he will mark his attendance

                   at Pirbahore Police Station, District- Patna on first Sunday of

                   each the month.

                                      3.       Learned counsel appearing on behalf of the

                   petitioner submits that since the petitioner has to accompany his

                   family members in the treatment which is going on in Delhi, this

                   Court may modify the condition appearing in paragraph no.7 of

                   the bail order.

                                      4.       Having regard to the submissions made on

                   behalf of the parties, paragraph no.7 of the order dated
              Patna High Court CR. MISC. No.1299 of 2026(2) dt.12-02-2026
                                                          2/2




                        10.04.2024 passed in Cr. Misc. No.18904 of 2024 is hereby

                        deleted. The rest part of the aforesaid order shall remain

                        unchanged.

                                        5.      Accordingly, this modification application is

                        allowed with the modification as above.



                                                                   (Sandeep Kumar, J)

pawan/-

U         T


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