Patna High Court
Sachin Kumar @ Sachin Kumar SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
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
- Arms Act
- Indian Penal Code — s. 302, 392, 394
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
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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
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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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