Page No.# 1/3 GAHC010155982025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/750/2025 SRI RAJESH KUMAR S/O LATE KAMALESWAR THAKUR, PERMANENT RESIDENT OF GOPALPUR, AURAI, DIST MUJAFFARPUR (BIHAR) PRESENTLY RESIDING AT DATAPARA, RAMCHARAN BORO PATH, WARD NO. 6, PO AMBARI, PS FATASIL AMBARI , DIST KAMRUP M ASSAM VERSUS THE STATE OF ASSAM REP. BY PP. ASSAM Advocate for the Petitioner : MR A B DUTTA, MR B BORA Advocate for the Respondent : PP, ASSAM, Linked Case : I.A.(Crl.)/614/2025 RAJESH KUMAR S/O LATE KAMALESWAR THAKUR PERMENENT RESIDENT OF GOPALPUR AURAI DIST MUJAFFARPUR BIHAR PRESENTLY RESIDING AT DATALPARA RAMCHARAN BORO PATH WARD NO. 6 . PO AMBARI PS FATASHIL AMBARI DIST KAMRUP M ASSAM VERSUS Page No.# 2/3 THE STATE OF ASSAM REP BY THE PP ASSAM ------------ Advocate for : MR A B DUTTA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM Linked Case : Bail Appln./1464/2025 SRI RAJESH KUMAR S/O- LATE KAMALESWAR THAKUR PARMANENT RESIDENT OF- GOPALPUR AURAI MUJAFFARPUR (BIHAR) PRESENTLY RESIDING AT -DATALPARA RAMCHARAN BORO PATH WARD NO 6 AMBARI FATASIL AMBARI DIST.- KAMRUP METRO ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM ------------ Advocate for : MR B BORA Advocate for : PP ASSAM appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 07.08.2025 1. Heard B. Bora, learned counsel for the applicant. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor, Assam, appearing for the State respondent. Page No.# 3/3 2. This interlocutory application under Section 528 of the BNSS, 2023 has been filed by the applicant Sri Rajesh Kumar, praying for modification of one of the conditions imposed on him in the order dated 28.05.2025, passed in Bail Application No. 1464 of 2025 by this Court. By the aforesaid bail application, the petitioner was allowed to go on bail on certain conditions. 3. The learned counsel for the petitioner has submitted that by order dated 28.05.2025, passed in Bail Application No. 1464 of 2025 while granting bail to the present petitioner, this court has imposed certain conditions in paragraph 16 of the said order viz “that the petitioner is allowed to go on bail of Rs. 2,00,000/- (Rupees Two Lakhs) with 2 (two) sureties each of like amount. Both of the sureties should be the permanent resident of District -Sribhumi at Karimganj” . The learned counsel for the petitioner has submitted that since the petitioner hails from Guwahati and it is difficult on his part to arrange 2 local sureties in Sribhumi District which is onerous to him as he does not have any known person in Sribhumi District and no one is ready to become his surety. 4. However, learned counsel for the petitioner has submitted that the petitioner will be able to arrange sureties from in and around Guwahati or any part within the State of Assam and he prays for modification of the said condition for the ends of justice. He also submits that since bail was granted by a coordinate Bench of this Court and there is no provision in the Cr.P.C. for modification of the bail condition which are imposed by the High Court while granting bail, similar to that of Section 483 (1) (b) BNSS, 2023 where a bail condition imposed by a Court of the Magistrate may be modified by the High Court. 5. He, therefore, submits that for the ends of justice, the inherent powers of this Court under Section 528 BNSS, 2023 may be invoked. He also submits that while exercising powers under Section 528 BNSS,2023 in such a case, the embargo provided under Section 403 BNSS may not be applicable. 6. On the other hand, Mr. B. Sarma, learned Addl. Public Prosecutor does not opposes the prayer on the ground that if the modification which is sought for by the petitioner is allowed, it would not change the other conditions in any manner. 7. Considering the submission made by the learned counsel for both the parties, this interlocutory application is allowed. The order dated 28.05.2025, passed in Bail Application No. 1464 of 2025 by this Court is hereby modified to the extent that the sureties for the bail of the petitioner need not to be from the Shribhumi District. Instead of that they may be any persons residing in any part of the State of Assam. 8. With the above observations, this interlocutory application is disposed of. JUDGE Comparing Assistant