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Patna High Court

Sachin Kumar @ Sachin Kumar SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court modified the attendance condition to require the petitioners to appear before the SHO once every four months at 9 A.M.

Summary

The petitioners, two labourers accused in multiple criminal cases, sought modification of a court order that required them to attend the local police station every month at 9 A.M. They argued that their impoverished condition and bail status made the monthly attendance unduly burdensome. The State opposed the modification. The court considered the petitioners' financial hardship, their compliance with attendance so far, and the fact that they were on bail in all cases. It held that the attendance condition could be relaxed and modified the order to require attendance once every four months at 9 A.M., with the SHO to report to the Superintendent of Police. The remainder of the original order was left unchanged.

Issues considered

  • Whether the monthly police‑station attendance condition imposed on accused persons on bail can be modified on account of their economic hardship and compliance record

Legislation cited

Subjects

  • bail conditions
  • police attendance
  • modification of order
  • criminal procedure
  • economic hardship

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83246 of 2025
                                              In
                              CRIMINAL MISCELLANEOUS No.62910 of 2023
                    Arising Out of PS. Case No.-135 Year-2018 Thana- BHAGWANPUR District- Vaishali
                 ======================================================
           1.     Sachin Kumar @ Sachin Kumar Sah Son of Shambhu Sah, Resident of
                  Village- Dharhara, P.S.- Sarai, District - Vaishali,
           2.    Sunny Kumar @ Sunny Kumar Mahto Son of Shyam Kishore Mahto,
                 Resident of Village- Dharhara, P.S.- Sarai, District- Vaishali.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Satya Prakash Sinha, Advocate
                 For the Opposite Party/s :       Mr. Ajit Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

4   09-01-2026                        Heard Mr. Satya Prakash Sinha, learned counsel

                   appearing on behalf of the petitioners and Mr. Ajit Kumar,

                   learned A.P.P for the State.

                                2. Learned counsel appearing on behalf of petitioners

                   seeks modification in order dated 22.09.2023 passed in Criminal

                   Miscellaneous No. 62910 of 2023 with respect to attendance of

                   the petitioners before the local police station every month at 9

                   A.M.

                                3. Learned counsel appearing on behalf of the

                   petitioners submitted that the petitioners are labourer and they

                   are now hand to mouth in want of any work in the village in

                   which they reside. Petitioners could not move outside their
Patna High Court CR. MISC. No.83246 of 2025(4) dt.09-01-2026
                                            2/3




          village and as such considering the pathetic condition of the

          petitioners, who have been made accused in connection with

          Bhagwanpur P.S. Case No. 135 of 2018 for the offences under

          Sections 394 as well as taking into consideration that petitioners

          have made a specific statement in paragraph no. 3 that five

          criminal cases have been registered against the petitioners in

          different police station of the district. Learned counsel further

          submitted that no doubt in all the cases, petitioners have been

          made accused under Sections 392, 302, 394, Arms Act and other

          allied sections of the Indian Penal Code but in all the cases

          petitioners are on bail. Learned counsel further submitted that

          without default petitioners have given their attendance before

          the concerned S.H.O. and as such the said condition may be

          modified.

                       3. Considering aforesaid submission made on behalf

          of the petitioner as well as the antecedent of the petitioner, I am

          of the opinion that the order is modified to the extent that the

          petitioners are directed to give their attendance before the

          S.H.O. of the concerned Police Station under which their house

          is located, after every four months at 9 A.M. The concerned

          S.H.O. is/are directed to submit the report to the Superintendent

          of Police having jurisdiction.
              Patna High Court CR. MISC. No.83246 of 2025(4) dt.09-01-2026
                                                          3/3




                                     4. Accordingly, the order is modified to the above

                        extent.

                                     5. The other part of the order shall remain intact.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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