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Patna High Court

Mazhar Imam @ TausifversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The bail condition is modified to require attendance on the first Sunday of each month, with default resulting in cancellation of bail.

Summary

The petitioner, Mazhar Imam, was granted bail on 13 October 2025 with a condition to appear at Samastipur Town Police Station every Sunday. He later applied to modify this condition, arguing that his employment with Win Maker Ayurveda Private Limited required him to be posted in Varanasi, Uttar Pradesh. The Court considered whether the bail condition could be altered in light of the petitioner’s change in circumstances. It held that the condition could be modified to a less onerous requirement. Accordingly, the Court ordered that the petitioner now attend the police station on the first Sunday of each month, with any default leading to cancellation of the bail bond. The application for modification was allowed.

Issues considered

  • Whether the bail condition requiring weekly police station attendance can be modified due to the petitioner’s employment posting in another state

Subjects

  • bail
  • modification of bail conditions
  • attendance condition
  • criminal procedure
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.924 of 2026
                                               In
                              CRIMINAL MISCELLANEOUS No.71367 of 2025
                   Arising Out of PS. Case No.-102 Year-2025 Thana- SAMASTIPUR District- Samastipur
                 ======================================================
                 Mazhar Imam @ Tausif S/o Md. Ali Imam @ Ali Imam R/o Mohalla -
                 Magardahi (Neem Gali), ward no. 24, P.s.- Samastipur Town Thana, Distt.-
                 Samastipur, Bihar
                                                                             ... ... Petitioner
                                                 Versus
                 The State of Bihar
                                                                      ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner        :          Mr. Piyush Kumar Pandey, Advocate
                 For the State             :          Mr. Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   12-02-2026                    Heard learned counsel for the parties.

                                      2.       This     application    has    been        filed   for

                   modification of the order dated 13.10.2025 passed in Cr. Misc.

                   No.71367 of 2025, whereby the petitioner has been granted bail

                   by this Court with a condition that he will mark his attendance

                   at Samastipur Town Police Station on every Sunday of the

                   month.

                                      3.       Learned counsel appearing on behalf of the

                   petitioner submits that the petitioner has joined in Win Maker

                   Ayurveda Private Limited and is posted in Varanasi (Uttar

                   Pradesh) and therefore, this Court may modify the condition

                   appearing in paragraph no.7 of the bail order.

                                      4.       Having regard to the submissions made on
              Patna High Court CR. MISC. No.924 of 2026(2) dt.12-02-2026
                                                          2/2




                        behalf of the parties, the condition mentioned in paragraph no.7

                        of the order dated 13.10.2025 passed in Cr. Misc. No.71367 of

                        2025 is modified to the extent that the petitioner shall mark his

                        attendance at Samastipur Town Police Station on first Sunday of

                        each month. Any default in appearance at the Police Station

                        would result in cancellation of bail bonds of the petitioner.

                                        5.      Accordingly, this modification application is

                        allowed with the modification as above.



                                                                   (Sandeep Kumar, J)

pawan/-

U         T


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