Patna High Court

Ajit Rai @ Bhulani RaiversusThe State of Bihar

Decided: 24 April 2026
Disposal: DISPOSED
Bench: PURNENDU SINGH

Holding

The modification application is disposed of, and the petitioner is granted liberty to surrender before the District Court and seek regular bail.

Summary

Ajit Rai, the petitioner, filed a modification application seeking to withdraw it and obtain liberty to surrender before the District Court and apply for regular bail. The petitioner’s counsel requested the court’s permission to withdraw the modification and to be allowed to surrender. The court considered whether the modification application could be withdrawn and whether liberty to surrender could be granted. It held that the modification application stands disposed, granting the petitioner liberty to surrender before the learned District Court and to seek regular bail. Consequently, the petitioner may now approach the District Court for bail after surrendering.

Issues considered

Whether a modification application under criminal procedure can be withdrawn by the petitioner.
Whether the court can grant liberty to the petitioner to surrender before the District Court and seek regular bail.

Subjects

bail
modification application
surrender
criminal procedure
regular bail

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.25836 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.11977 of 2026
                    Arising Out of PS. Case No.-871 Year-2025 Thana- HAJIPUR SADAR District- Vaishali
                  ======================================================
                  Ajit Rai @ Bhulani Rai son of Late Nathuni Rai Resident of villae- Pokhar
                  Chak, Jagdishpur, P.S. -Hajipur Sadar, Dist- Vaishali

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Ravish Mishra, Advocate.
                  For the Opposite Party/s :       Mr.Lalan Kumar, APP.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER

3    24-04-2026                  Learned counsel appearing on behalf of the petitioner

                    seeks to withdraw the present modification application with

                    liberty to surrender before the learned District Court and seek

                    regular bail.

                                 2. The present modification application stands

                    disposed of with liberty to the petitioner to surrender before the

                    learned District Court and seek regular bail.



                                                                 (Purnendu Singh, J)
mantreshwar/-

U      T

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