Patna High Court
Birendra Ram @ Birendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The modification petition is disposed of, with the court indicating that the petitioner may seek the appropriate remedy under law.
Summary
Birendra Ram, who had obtained pre‑arrest bail in Criminal Miscellaneous No.37514 of 2025, was arrested in a different criminal case before he could surrender as ordered by the District Court. He filed a modification petition seeking relief from the bail order. The High Court, after noting the circumstances, directed that the petitioner could pursue the appropriate legal remedy available under the law. No substantive discussion on the merits of the modification was provided. Consequently, the court disposed of the modification petition.
Issues considered
- Whether a modification petition seeking alteration of a pre‑arrest bail order is maintainable when the petitioner is arrested in another case before surrendering.
Subjects
- pre‑arrest bail
- modification petition
- criminal procedure
- bail modification
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16167 of 2026
In
CRIMINAL MISCELLANEOUS No.37514 of 2025
Arising Out of PS. Case No.-296 Year-2024 Thana- BARHARIA District- Siwan
======================================================
Birendra Ram @ Birendra Kumar S/o- Harihar Ram Resident of Village-
Tilsandi PS- Barhariya District- Siwan
... ... Petitioner/s
Versus
1. The State of Bihar
2. Babunti Kumari @ Babunti Devi w/o- Birendra Ram @ Birendra Kumar
R/v- Tilsandi Ps- Barhariya Dist- Siwan, A/P- Sirsa Sirha Ps- Baikunthpur
Dist- Gopalganj
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 01-05-2026 Learned counsel appearing on behalf of the petitioner
informs that, prior to surrendering before the learned District
Court in compliance with the order dated 03.11.2025 passed in
Cr. Misc. No.37514 of 2025, granting pre-arrest bail, the
petitioner was arrested in connection with another criminal case.
2. In view of the aforesaid information, the petitioner
may avail an appropriate remedy in accordance with law.
3. The modification petition is, accordingly, disposed
of.
(Purnendu Singh, J)
Sanjay/-
U T
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