Patna High Court
Bharti Gerai @ Bharati Gorai @ Bharti GorainversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the modification of the anticipatory bail order to correct the petitioner’s description and imposed a new surrender condition.
Summary
The petitioner, Bharti Gerai, was granted provisional anticipatory bail on 22 January 2026 with a requirement to surrender within six weeks. She filed a modification application on 26 February 2026, before the surrender deadline, seeking correction of errors in her description (gender, relationship, and district) in the bail order. The State did not oppose the modification. The Court modified the order to correctly state her name, marital status, and residence, and added a condition that she must surrender by 1 April 2026 and furnish bail bonds of Rs.500 with two sureties. All other conditions of the original order remained unchanged. The modification application was allowed.
Issues considered
- Whether a provisional anticipatory bail order can be modified to correct factual description errors before the surrender deadline
- Whether the State’s lack of opposition permits such modification
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- provisional bail
- modification of order
- description correction
- surrender condition
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18083 of 2026
In
CRIMINAL MISCELLANEOUS No.1729 of 2026
Arising Out of PS. Case No.-112 Year-2023 Thana- DEV District- Aurangabad
======================================================
Bharti Gerai @ Bharati Gorai @ Bharti Gorain, W/O Late Rajani Kanta Gorai
R/O Village- Purulia, Ward No. 03, P.S.- Purulia, Distt.- Purulia (West
Bengal).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akash Kumar Mishra
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-03-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The learned counsel for the petitioner submits that
the petitioner was granted the privilege of provisional
anticipatory bail by order dated 22.01.2026 with a direction to
the petitioner to surrender within a period of six weeks from the
date of the order. It is submitted that in terms of order dated
22.01.2026 in Cr. Misc. No.1729 of 2026, the date of surrender
was expiring on 05.03.2026, but then, the petitioner moved
before this Court by filing the instant modification application
on 26.02.2026 seeking modification of the order dated
22.01.2026 in Cr. Misc. No.1729 of 2026. It is submitted that
Patna High Court CR. MISC. No.18083 of 2026(2) dt.18-03-2026
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petitioner is wife of Late Rajani Kanta Gorai, but then, in the
order dated 22.01.2026, it has been recorded that petitioner is
son of Late Rajani Kanta Gorai. It is next submitted that
petitioner is a resident of village- Purulia, District- Purulia
(West Bengal), but inadvertently in Cr. Misc. No.1729 of 2026
while describing the petitioner, the District was recorded as
Purnia (Bihar) instead of Purulia (West Bengal).
3. It is thus submitted that the order dated 22.01.2026
be modified to read the description of the petitioner as Bharti
Gerai @ Bharati Gorai @ Bharti Gorain, wife of Late Rajani
Kanta Gorai, resident of village-Purulia, Ward No.03, Police
Station-Purulia, District- Purulia, West Bengal.
4. The learned A.P.P. also does not oppose the said
prayer as modification application was filed prior to the date of
surrender expiring.
5. After hearing the learned counsel for the parties,
the order dated 22.01.2026 is modified to the extent that
description of the petitioner shall be read as Bharti Gerai @
Bharati Gorai @ Bharti Gorain, wife of Late Rajani Kanta
Gorai, resident of village-Purulia, Ward No.03, Police Station-
Purulia, District- Purulia, West Bengal.
6. It is further submitted that if petitioner surrenders
Patna High Court CR. MISC. No.18083 of 2026(2) dt.18-03-2026
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on or before 01.04.2026, in that event, the petitioner shall be
released on provisional anticipatory bail bonds on furnishing
bail bonds of Rs.500 (Rs. Five Hundred) with two sureties of
the like amount each to the satisfaction of the learned trial Court
where the case is pending/successor court in connection with
Deo P. S. Case No. 112 of 2023, subject to the conditions as laid
down under Section 482(2) of the BNSS.
7. The rest of the conditions shall remain the same.
8. The modification application is allowed.
(Satyavrat Verma, J)
vikash/-
U T
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