Patna High Court
Anantpeet Singh BrarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The modification application is dismissed as it amounts to a prohibited review and no new facts have been presented.
Summary
The petitioner, Anantpeet Singh Brar, sought modification of the bail order dated 17‑08‑2019 which required him to deposit a Rs.25 lakh bank guarantee and surrender his passport to the trial court. This was his second attempt; an earlier modification plea (Cr. Misc. No. 51479 of 2021) was dismissed as a prohibited review. He also approached the Supreme Court (SLP (Crl.) No. 2427 of 2022), which set aside only the bank‑guarantee condition, leaving the passport‑surrender condition intact. The High Court observed that the present application repeats the earlier dismissed prayer, raises no new facts, and therefore amounts to a review of the earlier order, which is not permissible. Consequently, the court dismissed the modification application.
Issues considered
- Whether the petition for modification of the bail condition requiring passport surrender is maintainable.
- Whether the petition amounts to a review of the earlier bail order.
- Whether any new facts or circumstances justify reconsideration of the bail condition.
Subjects
- bail
- modification of bail conditions
- bank guarantee
- passport surrender
- review of order
- high court
- special leave to appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86754 of 2025
In
CRIMINAL MISCELLANEOUS No.30399 of 2019
Arising Out of PS. Case No.-44 Year-2017 Thana- AGAMKUAN District- Patna
======================================================
Anantpeet Singh Brar S/O Ajaib Singh Brar R/O House No. 176, Sector- 21,
Vill.- Dundahera, P.s.- Udyog Vihar, Dist.- Gurugram, Haryana
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Inspector General of Police Vigilance, Patna Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Sriram Krishna, Advocate
Mr. Prabhat Kumar Singh, Advocate
Mr. Amarjeet, Advocate
For the State : Mr. Ganesh Prasad Singh, APP
For the Vigilance : Mr. Anil Singh, Advocate
Mr Yogendra Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 27-02-2026 Heard learned counsel appearing on behalf of the
petitioner, learned A.P.P. appearing on behalf of the State and
learned counsel appearing on behalf of the Vigilance.
2. This application has been filed for modification of
the order dated 17.08.2019 passed in Cr. Misc. No. 30399 of
2019 whereby, the payer for grant of regular bail to the
petitioner, above named, was allowed with the following
conditions:-
“ ….. the petitioner shall deposit Bank
guarantee of Rs.25,00,000/- (twenty five lakhs) in
the court below and the same shall abide by the
Patna High Court CR. MISC. No.86754 of 2025(2) dt.27-02-2026
2/3
final outcome in the trial with the further condition
that the bailors should be the family members of
the petitioner.
The petitioner is also directed to deposit his
passport in the court below and extend full co-
operation in early conclusion of by this Court to
the extent of extension of period to surrender.”
3. This is the second attempt of the petitioner for
modification of the aforesaid conditions. Earlier, the petitioner
had approached this Court vide modification application bearing
Cr. Misc. No. 51479 of 2021 which was dismissed vide order
dated 20.01.2022 on the ground that the modification prayed for
would amount to review of the order passed by this Court,
which is not permissible. Thereafter, the petitioner approached
the Hon’ble Apex Court vide Special Leave to Appeal (Crl.) No.
2427 of 2022 for modification of the order dated 17.08.2019
passed by this Court in Cr. Misc. No. 30399 of 2019 wherein,
the Hon’ble Apex Court, vide order dated 17.05.2022, set aside
the part of order dated 17.08.2019 passed in Cr. Misc. No.
30399 of 2019 whereby this Court had directed the petitioner to
deposit the bank guarantee. The petitioner now prays for setting
aside the part of order dated 17.08.2019 passed in Cr. Misc. No.
30399 of 2019 whereby this Court directed the petitioner to
Patna High Court CR. MISC. No.86754 of 2025(2) dt.27-02-2026
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deposit his passport in the learned Trial Court.
4. Since the prayer for setting aside the condition to
surrender the passport before the learned trial court has already
been dismissed earlier by this Court vide order dated 20.01.2022
passed in Cr. Misc. No. 51479 of 2021 and the same was also
not entertained by the Hon’ble Apex Court in its order dated
17.05.2022 passed in Special Leave to Appeal (Crl.) No. 2427
of 2022 and this application also does not reveal any new facts
and circumstances for reconsideration of the prayer, as such, no
orders are required to be passed.
5. Accordingly, this modification application is
dismissed.
(Prabhat Kumar Singh, J)
shashank/-
U T
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