Patna High Court
Md. SalimversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- ANSHUMAN
Holding
The application for modification of the bail order was rejected.
Summary
The petitioner, Md. Salim, was granted regular bail on 03.06.2025 on the condition that he deposit Rs.50,000 with the Patna High Court Legal Services Committee. He filed a petition seeking modification of this condition, claiming he is a BPL (Below Poverty Line) individual and cannot afford the payment. The petitioner’s counsel submitted that he belongs to the BPL category but did not produce a BPL certificate. The State opposed the modification, stating that no BPL certificate was produced to substantiate the claim. The Court examined the submissions and found the petitioner’s claim unsubstantiated. Consequently, the Court rejected the application for modification of the bail order.
Issues considered
- Whether the petitioner qualifies for modification of the bail condition on the ground of poverty (BPL status).
- Whether the absence of a BPL certificate justifies denial of the modification request.
Subjects
- bail
- modification
- BPL
- legal services committee
- poverty
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89746 of 2025
In
CRIMINAL MISCELLANEOUS No.34359 of 2025
Arising Out of PS. Case No.-22 Year-2025 Thana- Aunsi District- Madhubani
======================================================
Md. Salim S/o Md. Salamat R/o village - Jaynagar Baldiha , ward no. 2, P.s-
Jaynagar , District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rananjay Kumar, Adv.
For the Opposite Party/s : Mr.Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present application has been filed for
modification of order dated 03.06.2025 passed in Cr. Misc.
No.34359 of 2025.
3. Counsel for the petitioner submits that vide order
dated 03.06.2025, regular bail has been granted subject to
payment of Rs.50,000/- which shall be deposited before the
Patna High Court Legal Services Committee, but the said
amount could not be deposited due to the reason that petitioner
is a poor person. He also submits that he is a person under BPL
category.
4. Learned counsel for the State submits that he is
Patna High Court CR. MISC. No.89746 of 2025(2) dt.09-01-2026
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claiming himself under BPL category, but no such certificate has
been produced showing that he is a person who comes under the
BPL category.
5. As such, this Court is not satisfied with the
submissions made by the counsel for the petitioner for
modification of the order dated 03.06.2025.
6. Accordingly, the modification application is hereby
rejected.
(Dr. Anshuman, J)
Prakashmani/-
U
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