IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26803 of 2011 Ajay Kumar Versus The State Of Bihar ------- 02 09.08.2011 Office has reported that this petition is not maintainable under sections 439 and 440 of the Cr. P.C and the petitioner may file a petition under section 482 of the Cr. P.C as he has already granted bail by the learned court below with certain conditions. Learned counsel appearing for the petitioner submits that the petitioner was granted bail by learned Addl. Sessions Judge IV, Patna vide order dated 16.6.2011 but the aforesaid court imposed conditions upon the petitioner to pay Rs 50,000/- at the time of filing of bail bonds and thereafter he shall deposit Rs 50,000/- on every month till realization of total amount of the informant and learned court below further observed that failure on the part of the petitioner shall amount to cancellation of bail bonds of the petitioner. It is further contended by him that learned court below has imposed very harsh conditions upon the petitioner and the petitioner is not in a position to fulfil the aforesaid conditions and the petitioner only wants modification of the aforesaid conditions and, therefore, this petition is maintainable under section 439 read with section 440 of the Cr. P.C. In my view, the petitioner should approach the learned court below for modification of order dated 16.6.2011 passed in B.P. No.1968/2011 and learned court below shall consider the prayer of the petitioner, particularly, keeping in view of the verdict given by 2 the Apex court that while granting bail to an accused, no harsh condition can be imposed. Accordingly, this petition stands disposed off. shahid (Hemant Kumar Srivastava,J)