Patna High Court
Moti AsrafversusThe State of BIhar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
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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
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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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