Patna High Court
Upendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for modification of the bail condition is not maintainable and is dismissed.
Summary
The petitioner, Upendra Kumar, filed an application seeking modification of a regular bail order dated 06-04-2026, which imposed a condition that his bail would be denied if he had more than two criminal antecedents. He disclosed an additional antecedent—a case under Section 30(a) of the Bihar Prohibition & Excise Act—that was not previously mentioned, attributing the omission to his counsel’s lack of knowledge. The court examined whether the bail condition could be reconsidered and held that the application essentially sought a re‑consideration of the bail condition, which is not permissible. Consequently, the court found no error in the original order and dismissed the application as non‑maintainable. The petitioner was given liberty to file a fresh bail application if advised.
Issues considered
- Whether the petitioner’s application for modification of the bail condition is maintainable
- Whether a court can reconsider a bail condition after it has been ordered
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- bail
- modification of bail
- criminal antecedents
- high court
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34678 of 2026
In
CRIMINAL MISCELLANEOUS No.21581 of 2026
Arising Out of PS. Case No.-81 Year-2026 Thana- Excise P.S. District- Rohtas
======================================================
Upendra Kumar S/o Murali Chaudhary @ Murli Chaudhary Resident of vill-
Kesho Market, Bhuiyan tola, Kochadh, Ward no. 14, PS- Barun, Dist-
Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Adarsh Singh
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 14-05-2026 Heard learned counsel for the petitioner.
2. The present application has been filed for
modification of the order dated 06.04.2026 passed in Cr. Misc.
No. 21581 of 2026 by this Court whereby the petitioner was
granted regular bail with a specific condition that the Court
below shall verify the criminal antecedents of the petitioner and,
in case if it is found that the petitioner has antecedents of more
than two criminal cases, his bail bonds shall not be accepted.
3. It is submitted that one additional antecedent, i.e.
Navinagar Road Railway Station P.S. Case No. 41 of 2016
under Section 30(a) of the Bihar Prohibition & Excise Act, was
not disclosed earlier but the petitioner is on bail in the said case.
Patna High Court CR. MISC. No.34678 of 2026(2) dt.14-05-2026
2/2
The omission is attributed to lack of knowledge of the
petitioner’s pairvikar, for which apology is tendered along with
an undertaking to be careful in the future.
4. Having considered the submissions, this Court
finds no error apparent on the face of the order dated
06.04.2026. The present application, in substance, seeks
reconsideration of the bail condition, which is not permissible.
5. Accordingly, the application is held to be not
maintainable and is dismissed with liberty to the petitioner to
file a fresh bail application, if so advised.
(Sandeep Kumar, J)
Shishir/-
U T
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