Patna High Court

Dharamnath @ Dharamnath Ray @ Dharmenath Ray @ Dharmnath KumarversusThe State of Bihar

Decided: 10 April 2026
Disposal: ALLOWED

Holding

The High Court allowed the modification, corrected the petitioner’s name and village, and extended the surrender period by two weeks, subject to a deposit condition.

Summary

The petitioner, Dharamnath Kumar, filed a criminal miscellaneous application seeking modification of an anticipatory bail order dated 24-12-2025, which required him to surrender within four weeks. He contended that the order incorrectly recorded his name and village due to the absence of his Aadhaar card at the time of filing. The petitioner submitted his Aadhaar details and requested a two‑week extension of the surrender period. The Court corrected the party description to reflect the accurate name and village and extended the surrender deadline by two weeks from the date of the order. Additionally, the Court imposed a condition that the petitioner deposit Rs.10,000 in the Lawyers’ Association Welfare Benevolent Fund. The application for modification was allowed.

Issues considered

What is the appropriate remedy for correcting erroneous party details in an anticipatory bail order?
Whether the court may extend the surrender period granted in an anticipatory bail order.

Subjects

anticipatory bail
modification of order
party description correction
surrender period extension
bail conditions
Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16246 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.295 of 2025
                     Arising Out of PS. Case No.-295 Year-2025 Thana- RAJAPAKAR District- Vaishali
                 ======================================================
                 Dharamnath @ Dharamnath Ray @ Dharmenath Ray @ Dharmnath Kumar
                 S/o- Upendra Ray Resident of Village- Tarasiya @ Terahraisa PS- Ganga
                 Bridge Dist-Vaishali

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anish Kumar
                 For the Opposite Party/s :       Mr. Bharat Bhushan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   10-04-2026         1. Heard learned counsel for the petitioner and learned

                            Additional Public Prosecutor for the State.

                       2.   This application has been filed for modification of the

                            order,     dated      24.12.2025,         passed       in     Criminal

                            Miscellaneous No. 90046 of 2025, whereby the present

                            petitioner has been granted privilege of anticipatory bail

                            subject to the condition that the petitioner shall surrender

                            before the learned Court below within a period of four

                            weeks from the date of the order.

                       3.   Learned counsel for the petitioner submits that,

                            inadvertently, in the party position, the name and village

                            of the petitioner were mentioned as ‘Dharamnath @
Patna High Court CR. MISC. No.16246 of 2026(3) dt.10-04-2026
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                   Dharamnath Ray @ Dharmenath Ray’ and ‘Village–

                   Terasiya’, which are different from Aadhaar Card as the

                   same was not furnished at the time of filing of bail

                   application. As per the Aadhaar Card, the name of the

                   petitioner is also ‘Dharmnath Kumar’ and the village is

                   also ‘Terahrasia’. A copy of the Aadhaar Card has been

                   annexed at Annexure-P/2 to the present modification

                   application. Accordingly, he further prays that time

                   granted by this Court to surrender and furnish bail bond

                   be extended by further two weeks.

              4.   Having regard to the submissions made on behalf of the

                   petitioner, let the name and village of the petitioner be

                   added and read as “Dharamnath @ Dharamnath Ray

                   @ Dharmenath Ray @ Dharmnath Kumar, Aged

                   about 28 years (male), S/O- Upendra Ray, R/O

                   Village- Terasiya @ Terahrasia, P.S- Ganga Bridge,

                   District- Vaishali” and time granted by this Court to

                   surrender before the learned Court below by order, dated

                   24.12.2025, passed in Cr. Misc. No. 90046 of 2025, be

                   extended by further two weeks from today.

              5.   Accordingly, this application is allowed to the extent

                   indicated above, subject to the condition that the
            Patna High Court CR. MISC. No.16246 of 2026(3) dt.10-04-2026
                                                        3/3




                              petitioner shall deposit a sum of Rs. 10,000/- in the

                              account of Lawyers’ Association Welfare Benevolent

                              Fund, Patna.



                                               (Anil Kumar Sinha, J)
ashwani/-

U      T

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