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Patna High Court

Sakindra MahtoversusThe State Of Bihar

Decided
Disposal
DISMISSED

Holding

The application for modification of the bail order is dismissed as not maintainable.

Summary

Sakindra Mahto filed an application seeking modification of a bail order dated 23 September 2025, which had conditioned his release on verification of his antecedent. The lower court refused to accept his bail bond, citing his criminal antecedent. The petitioner argued that the bail should be granted despite the antecedent. The Patna High Court examined whether the application for modification was maintainable at this stage. The Court held that the petition was not maintainable because the bail bond had already been rejected on the ground of antecedent. Consequently, the application was dismissed, with liberty granted to the petitioner to file a fresh bail petition.

Issues considered

  • Is an application for modification of a bail order maintainable when the bail bond has been rejected due to the petitioner’s criminal antecedent?

Subjects

  • bail
  • modification of bail order
  • criminal antecedent
  • maintainability
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3158 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.63799 of 2025
                  Arising Out of PS. Case No.-223 Year-2025 Thana- Excise Thana Hajipur District- Vaishali
                 ======================================================
                 Sakindra Mahto S/O Late Shivji Mahto Resident Of Village- Terasiya Diyara,
                 P.s.- Gangabridge, Dist.- Vaishali
                                                                          ... ... Petitioner/s
                                                    Versus
                 The State Of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Shivjee Singh, Advocate
                 For the Opposite Party/s :         Mr.Braj Kishore Pd., APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   12-02-2026                  Heard the learned counsel for the petitioner and

                   the learned counsel for the State.

                                2. This application has been filed for modification

                   of the order dated 23.09.2025 passed in Cr. Misc. No.

                   63799/2025 whereby and whereunder the petitioner was

                   released on bail with a condition that the court below shall

                   verify the antecedent of the petitioner before accepting the

                   bail bond.

                                3. However, the bail bond of the petitioner was not

                   accepted by the court below as he has a criminal antecedent.

                                4. In these circumstances, I am not inclined to

                   entertain this petition at this stage, as it is not maintainable.
              Patna High Court CR. MISC. No.3158 of 2026(2) dt.12-02-2026
                                                          2/2




                                     5. Hence, this application is dismissed with liberty

                        to the petitioner to file a fresh bail petition.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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