Patna High Court
Shams TabrezversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PURNENDU SINGH
Holding
The modification application is dismissed.
Summary
Shams Tabrez filed an application seeking modification of a condition (paragraph 15) in an order dated 17‑01‑2026 in Criminal Miscellaneous No. 50943 of 2025. The petitioner failed to appear before the learned District Court and provided no information on compliance with the earlier order, merely stating he could not appear on the date fixed by the High Court. The Court observed that this lack of due diligence, coupled with the bar under Section 403 of the Bihar Negotiable Securities Act, precluded granting the modification. Consequently, the modification application was dismissed. The Court, however, directed the petitioner to approach the District Court for possible amicable mediation.
Issues considered
- Whether the modification application can be entertained when the petitioner has not appeared before the District Court and has not shown compliance with the earlier order.
- Whether the bar under Section 403 of the Bihar Negotiable Securities Act applies to the petitioner's request for modification.
Legislation cited
- Bihar Negotiable Securities Act — s. 403
Subjects
- modification of order
- due diligence
- Section 403
- Bihar Negotiable Securities Act
- criminal miscellaneous
- mediation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29048 of 2026
In
CRIMINAL MISCELLANEOUS No.50943 of 2025
Arising Out of PS. Case No.-856 Year-2021 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Shams Tabrez S/o Nehal Khan R/O-Jamshedpur Jugsalaye Gauri Shankar
Road, Pahalvan Road, District- East -Singhbhum, Jharkhand
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nilofar Khanam D/o Akhtar Khan R/o C 36, Indrapuri, Samanpura, Raza
Bazar, Distt.- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : None
For the Opposite Party/s : Mr. Humayou Ahmad Khan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 19-06-2026 No one appears on behalf of the petitioner. Mr.
Humayou Ahmad Khan, learned A.P.P. for the State is present.
2. I find from the modification application that the
petitioner has sought for modification of the condition contained
in paragraph no. 15 of the order dated 17.01.2026 passed in
Criminal Miscellaneous No. 50943 of 2025, but has not given
any information, as to whether, after the said date, he has
appeared before the learned District Court. Merely giving
information that he could not appear on 19.02.2026, the date
fixed by this Court for appearance of the parties before the
learned District Court, cannot be considered that he has taken
Patna High Court CR. MISC. No.29048 of 2026(3) dt.19-06-2026
2/2
due diligence to comply with the order dated 17.01.2026.
3. In such circumstances, considering the conduct of
the petitioner and the bar contained under Section 403 of the
BNSS, I am not inclined to allow the present modification
application.
4. Accordingly, the present modification application is
dismissed.
5. However, the petitioner may approach the learned
District Court for allowing the parties to mediate outside the
Court amicably.
(Purnendu Singh, J)
Niraj/-
U T
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