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Patna High Court

Moti AsrafversusThe State of BIhar

Decided
Disposal
DISMISSED

Holding

The application for modification of bail conditions is not maintainable.

Summary

Moti Asraf, the petitioner, had been granted bail by this Court in Criminal Miscellaneous No. 22019 of 2026 with certain conditions. He subsequently filed an application seeking modification of one of those bail conditions. The Court examined whether such a modification application was maintainable under the law. It held that the application for modification of bail conditions was not maintainable. Consequently, the Court rejected the application, but permitted the petitioner to file a fresh bail petition in accordance with the law.

Issues considered

  • Whether an application for modification of bail conditions is maintainable under the Criminal Procedure Code

Subjects

  • bail
  • modification of bail conditions
  • maintainability
  • Criminal Procedure Code
  • fresh bail petition

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.37372 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.22019 of 2026
                        Arising Out of PS. Case No.-49 Year-2020 Thana- BHEJA District- Madhubani
                  ======================================================
                  Moti Asraf Son of Abdul Hafij Resident of Village -Mahapati PS- Bheja
                  District- Madhubani                                     ... ... Petitioner/s
                                                    Versus
                  The State of BIhar Advocate General BIhar Patna  ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Gagender Yadav, Advocate
                                                   Mr.Udeshya Kumar Yadav, Advocate
                  For the Opposite Party/s :       Mr.Kumar Ranjit Ranjan, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

2    30-06-2026                    This is an application for modification of the order

                    dated 08.04.2026 passed in Cr. Misc. No. 22019 of 2026 by this

                    Court, by which the petitioner was granted bail in connection

                    with Bheja P.S. Case No. 49 of 2020 with certain conditions.

                                  2.     In the present application, the petitioner wants

                    modification of one of the conditions imposed by this Court

                    while granting bail to the petitioner.

                                  3. In the opinion of this Court, this modification

                    application is not maintainable and the same is hereby rejected

                    with liberty to the petitioner to file a fresh bail petition in

                    accordance with law.



                                               (Sandeep Kumar, J)
tusharika/-
U       T


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