Patna High Court

Dhiraj PaswanversusThe State of Bihar

Decided: 12 February 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The application for modification of the bail conditions is not maintainable and is dismissed.

Summary

The petitioner, Dhiraj Paswan, had been granted bail on 11 August 2025 in Criminal Miscellaneous No. 49070 of 2025 with certain conditions. He filed an application on 12 February 2026 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 was not maintainable and therefore could not be entertained. Consequently, the Court dismissed the application but permitted the petitioner to file a fresh bail petition in accordance with the applicable legal provisions.

Issues considered

Whether an application for modification of bail conditions is maintainable before the High Court
Whether the petitioner is entitled to a fresh bail petition after rejection of the modification application

Subjects

bail
modification
maintainability
criminal procedure
high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3899 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.49070 of 2025
                    Arising Out of PS. Case No.-14 Year-2023 Thana- KISHANGANJ District- Kishanganj
                  ======================================================
                  Dhiraj Paswan S/O Dipu Paswan R/O Dharamganj, Paswan Tola, P.S. and
                  Dist.- Kishanganj.
                                                                       ... ... Petitioner/s
                                                Versus
                  The State of Bihar
                                                                ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Mritunjay Kumar, Advocate
                  For the Opposite Party/s :      Mr.Syed Ehteshamuddin, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

2    12-02-2026                       This is an application for modification of the order

                    dated 11.08.2025 passed in Cr. Misc. No. 49070 of 2025 by this

                    Court, by which the petitioner was granted bail in connection with

                    Kishanganj P.S. Case No. 14 of 2023 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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