Patna High Court

PINTU KUMARversusThe State of Bihar

Decided: 9 February 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The modification application is not maintainable.

Summary

Petitioners Pintu Kumar and Chotu Kumar filed an application seeking modification of a bail order dated 24-12-2025, which had been passed in Criminal Miscellaneous No. 88660 of 2025 under Section 528 of the BNSS. The application was filed on behalf of petitioner No. 02 (Chotu Kumar) in the Galgaliya Police Station case. The High Court examined whether such a modification application was maintainable under the statutory provision. The Court held that the application for modification was not maintainable. Consequently, the Court dismissed the application, granting the petitioner liberty to file a fresh regular bail application.

Issues considered

Whether an application for modification of a bail order under Section 528 of the BNSS is maintainable.

Legislation cited

BNSS — s. 528

Subjects

bail
modification
Section 528
BNSS
maintainability
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5766 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.88660 of 2025
                     Arising Out of PS. Case No.-100 Year-2025 Thana- GALGALIYA District- Kishanganj
                  ======================================================
            1.     PINTU KUMAR S/o Binod Mahto R/o ward no. 3, Bejadih, P.S.-
                   Samastipur Muffasil, Distt.- Samastipur
            2.     Chotu Kumar S/o Late Raghunath Mahto @ Lt. Raghunath Mahto R/o ward
                   no. 3, Bejadih, P.S.- Samastipur Muffasil, Distt.- Samastipur
                                                                                 ... ... Petitioner/s
                                                     Versus
                  The State of Bihar Bihar
                                                                          ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Mritunjay Kumar
                  For the Opposite Party/s :       Mr.Ajay Kumar No. 2
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

2    09-02-2026                    Heard the parties.

                                 2. This application has been filed for modification of

                    the order dated 24.12.2025 passed in Cr. Misc. No. 88660 of

                    2025 under Section 528 of the BNSS on behalf of the petitioner

                    no. 02 in Galgaliya P.S. Case No. 100 of 2025.

                                 3. In the opinion of this Court, this modification

                    application is not maintainable.

                                 4. Accordingly, this application is dismissed with

                    liberty to the petitioner no. 02 to approach this Court by way of

                    filing a fresh regular bail application


                                                              (Sandeep Kumar, J)
Vikas/-

U

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