Patna High Court
Naim @ Md. Naim @ Md. NaimeversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- ANSHUMAN
Holding
A bail order cannot be modified merely because the original submissions were later deemed incorrect.
Summary
The petitioner, Naim, had been granted bail in a criminal miscellaneous proceeding based on submissions that the court later found to be incorrect. The petitioner subsequently filed an application seeking modification of the bail order, alleging that the earlier submissions were erroneous and that the earlier application had been rejected. The State opposed the modification, arguing that the bail order was already validly granted. The court examined whether the bail order could be altered on the ground of incorrect earlier submissions. Finding no merit in the petitioner's request and noting that the bail had been lawfully granted, the court declined to entertain the modification. Consequently, the application for modification of the bail order was dismissed.
Issues considered
- Whether a bail order can be modified on the basis of alleged incorrect submissions made in the original application
Subjects
- bail
- modification of bail order
- criminal miscellaneous proceedings
- incorrect submissions
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 19305 of 2026
In
CRIMINAL MISCELLANEOUS No.83892 of 2025
Arising Out of PS. Case No.-2 Year-2025 Thana- MANIHARI District- Katihar
======================================================
Naim @ Md. Naim @ Md. Naime S/O Md. Shakur @ Shakko Sabji Faros
R/O Balu Tola, Nawabganj, P.S- Manihari, Distt- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 03-04-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present application has been filed for
modification of the order dated 25.02.2026 passed in Cr. Misc.
No. 83892 of 2025, arising out of Manihari P.S. Case No. 02 of
2025, by which the petitioner was granted bail.
3. It transpires from the record that the bail order was
obtained on the basis of incorrect submissions made on behalf
of the petitioner. Learned counsel for the petitioner now seeks to
alter the submissions which were made in the earlier criminal
miscellaneous application, which had been rejected.
4. In the aforesaid background, this Court is not
Patna High Court CR. MISC. No. 19305 of 2026(2) dt.03-04-2026
2/2
inclined to accept the submissions advanced on behalf of the
petitioner. Accordingly, the present application for modification
is rejected.
(Dr. Anshuman, J)
Mkr./-
U T
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