Patna High Court
Ritesh Kumar @ Ritesh Kumar Mahto @ RiteshversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RAJIV ROY
Holding
The Court rejected the fresh modification petition, upholding the earlier rejection and refusing any extension of time.
Summary
The petitioner, Ritesh Kumar, was granted relief on 16 September 2025 in a criminal miscellaneous petition. He later failed to surrender because the petition had claimed he had no criminal antecedent, which was later found to be false. An earlier modification petition (Cr. Misc. No. 954 of 2026) seeking alteration of the order was rejected by the Patna High Court on 30 January 2026. The petitioner filed a fresh modification petition requesting an extension of time for compliance with the 16 September 2025 order. The Court, observing the prior rejection and the misrepresentation, dismissed the fresh petition and imposed a cost of Rs. 500 to be deposited with the Legal Services Committee. The order was pronounced by Justice Rajiv Roy.
Issues considered
- Whether a fresh modification petition seeking extension of time can be entertained after a prior modification petition has been rejected.
- Whether the Court can reject a modification petition on the ground of misrepresentation of the petitioner's criminal antecedent.
Subjects
- criminal antecedent
- modification petition
- extension of time
- misrepresentation
- high court order
- cost order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24937 of 2026
In
CRIMINAL MISCELLANEOUS No.36600 of 2025
Arising Out of PS. Case No.-19 Year-2025 Thana- Raghuvanshnagar District- Purnia
======================================================
Ritesh Kumar @ Ritesh Kumar Mahto @ Ritesh S/O Anmol Mahto Resident
of Village- Chahabachcha, ward No. 05, Matihani, P.O.- Mauzampatti,
mathani, P.S.- Barhara Kothi, Dist.- Purnea, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suman Dant Singh, Advocate
For the Opposite Party/s : Mr. Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 10-04-2026 Heard the parties.
2. The petitioner was granted relief on 16.09.2025.
However, he could not surrender as in the petition it was
recorded that he has no criminal antecedent whereas the
petitioner was having criminal antecedent. In that background,
the earlier modification petition (Cr. Misc. No. 954 of 2026)
was rejected on 30.01.2026.
3. Once again, a fresh modification petition has been
filed with following prayer:
“for extension of time in the order dated
16.09.2025 vide Cr. Misc. No. 36600 of 2025.”
4. It is again rejected in view of the earlier rejection
Patna High Court CR. MISC. No.24937 of 2026(2) dt.10-04-2026
2/2
dated 30.01.2026 with a cost of Rs. 500/- to be deposited with
the Patna High Court Legal Services Committee.
(Rajiv Roy, J)
Adnan/-
U T
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