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Patna High Court

Rashid IqbalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The condition of surrendering the passport cannot be removed merely on a vague claim of future travel; the petitioner must apply to the court for a specific release.

Summary

The petitioner, Rashid Iqbal, sought modification of a condition imposed in an anticipatory bail order dated 12‑01‑2023, which required him to surrender his passport to the ACJM‑II, Barh. He argued that his business required occasional foreign travel, and the passport surrender impeded this. The State contended there was no record of any application for passport release and that the condition should remain. Relying on Section 528 of the BNS and the court’s inherent powers, the judge held that a vague assertion of future travel does not justify removal of the condition; the petitioner may approach the court for a temporary release if needed. Consequently, the application for modification was dismissed.

Issues considered

  • Can the condition of passport surrender in an anticipatory bail order be modified or removed on the ground that the petitioner may need to travel abroad?

Legislation cited

Subjects

  • anticipatory bail
  • passport surrender
  • modification of bail conditions
  • Section 528
  • inherent powers
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.951 of 2026
                                               In
                              CRIMINAL MISCELLANEOUS No.52180 of 2022
                       Arising Out of PS. Case No.-309 Year-2021 Thana- MOKAMAH District- Patna
                 ======================================================
                 Rashid Iqbal Son of Mohammad Shafi R/O- House No 385, New Patliputra
                 Colony, Road No 3j, Near Masjid, P.S- Phulwari, District- Patna, Bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Ram Pravesh Kumar son of Late Ram Nandan singh Resident Of Village-
                 Marachi, Ps- Marachi, Dist- Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dayanand Singh, Adv.
                 For the Opposite Party/s :       Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   30-01-2026                    Heard the parties.

                                2. The present application has been preferred under

                   Section 528 of the BNS invoking the inherent powers of this

                   Hon’ble Court for the purpose of modifying one of the

                   conditions imposed vide order dated 12.01.2023 passed in Cr.

                   Misc. No. 52180 of 2022, whereby the Hon'ble Court while

                   allowing anticipatory bail to the present petitioner in connection

                   with Mokameh P.S. Case No. 309/2021, had directed that the

                   petitioner shall surrender his passport before the Learned

                   ACJM-II, Barh.

                                3. The relief was granted to the petitioner on

                   12.01.2023 in Cr. Misc. No. 52180 of 2022 and one of the
           Patna High Court CR. MISC. No.951 of 2026(3) dt.30-01-2026
                                                       2/2




                     condition was to surrender the passport before the concerned

                     Court.

                                  4. Learned counsel for the petitioner submits that he is

                     in a concern and for that, he may have to go abroad and as such,

                     surrendering of passport is hampering his future.

                                  5. Mr. Jitendra Kumar Singh represent the State and

                     he submits that there is nothing on record to show that he made

                     any application before the concerned Court for the release of the

                     passport for a particular period and/or the same was rejected.

                                  6. This Court finds force in the submission of learned

                     APP. The petitioner when needed can very well approach the

                     concerned Court for the release of passport for a particular

                     period and only because a vague statement has been made that

                     he may have to go abroad cannot be the reason to remove the

                     said clause in the relief granted to the petitioner earlier.

                                  7. The Cr. Misc. No. 951 of 2026 is disposed of with

                     aforesaid observation.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U


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