Patna High Court

Md. Asif Eqbal @ Md. Asif IqbalversusThe State of Bihar

Decided: 10 April 2026
Disposal: ALLOWED
Bench: SANDEEP KUMAR

Holding

The modification application is allowed, the demand draft is to be returned, para 7(i) omitted, and the bail bond accepted.

Summary

Petitioner Md. Asif Eqbal filed a modification application challenging an earlier order that required him to pay a demand draft of Rs. 9,00,000 to the informant. The State and co‑respondent Md. Taha Usmani failed to appear despite notice. The court examined the petitioner's submissions and found merit in returning the demand draft to the petitioner. Consequently, the court ordered the demand draft to be returned and directed that para 7(i) of the earlier order be omitted, with the bail bond of the petitioner accepted. The modification application was therefore allowed.

Issues considered

Whether the demand draft of Rs. 9,00,000 should be returned to the petitioner.
Whether para 7(i) of the earlier order should be omitted.
Whether the bail bond of the petitioner should be accepted by the court.

Subjects

bail
demand draft
modification of order
criminal miscellaneous
High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.50077 of 2025
                                              In
                              CRIMINAL MISCELLANEOUS No.27216 of 2024
                         Arising Out of PS. Case No.-538 Year-2022 Thana- MANER District- Patna
                 ======================================================
                 Md. Asif Eqbal @ Md. Asif Iqbal Son of Late Md. Numani @ Late Md.
                 Nomani Village- Bank, Police Station- Maner, District- Patna

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Md. Taha Usmani Md. Taha Usmani, s/o Chaudhari Abul Kalam Usmani, r/o
                 Mohalla-Shahtoli, p.o-Danapur Cant., Distt-Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ajay Mukherjee, Advocate
                 For the Opposite Party/s :        Mr.Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   10-04-2026                    Heard the parties.

                                2. Despite service of notice to O.P. No. 2, no one has

                   appeared on behalf of O.P. No. 2.

                                3. For the reasons stated in the present modification

                   application and the submissions advanced on behalf of the

                   petitioner, the demand draft of Rs. 9,00,000/- which the

                   petitioner was asked to pay to the informant, has been returned

                   in favour of the petitioner. The Court below is directed to return

                   the demand draft to the petitioner forthwith.

                                4. The order dated 01.05.2024 passed in Cr. Misc. No.

                   27216 of 2024 is modified to the extent that Para 7(i) of the

                   order shall be omitted and the bail bond of the petitioner shall be
              Patna High Court CR. MISC. No.50077 of 2025(5) dt.10-04-2026
                                                          2/2




                        accepted by the court concerned.

                                     5. The modification application stands allowed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T

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