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Patna High Court

Rajdev MehtaversusThe State Of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that the modification application cannot be entertained as the Vakalatnama records the same father's name, and dismissed the application.

Summary

The petitioner, Rajdev Mehta, sought modification of an anticipatory bail order granted on 12.03.2026, claiming that the order incorrectly recorded his father's name as Ashok Kumar Bhusakuliya instead of Krishnadev Mehta. The petitioner argued that the Vakalatnama in the original case also listed the wrong father's name, and therefore sought correction. The court examined the Vakalatnama and found that it indeed recorded the father's name as Ashok Kumar Bhusakuliya, matching the bail order. Consequently, the court declined to entertain the modification application, stating that dismissal does not amount to a declaration that the petitioner is the son of Ashok Kumar Bhusakuliya. The application for modification was dismissed.

Issues considered

  • Whether a modification application can be entertained to correct the father's name in an anticipatory bail order when the Vakalatnama reflects the same name

Subjects

  • anticipatory bail
  • modification
  • father's name discrepancy
  • criminal procedure
  • Vakalatnama

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25847 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.13613 of 2026
                          Arising Out of PS. Case No.-33 Year-2024 Thana- NADI District- Supaul
                 ======================================================
                 Rajdev Mehta S/O Krishandev Mehta R/O Vill - Domahan, Bela Singer Moti,
                 Word No. - 03, P.O.- Dighiya, P.S.-Nirmali, District - Supaul, State - Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kuldeep Kumar, Advocate
                 For the Opposite Party/s :        Mr. Suman Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-04-2026                  1. Heard learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The learned counsel for the petitioner submits that

                   petitioner was granted the privilege of anticipatory bail by an

                   order dated 12.03.2026 in Criminal Miscellaneous No. 13613 of

                   2026.

                                3. It is submitted that in Criminal Miscellaneous No.

                   13613 of 2026, petitioner was described as son of Ashok Kumar

                   Bhusakuliya when he is son of Krishnadev Mehta.

                                4. From perusal of Vakalatnama filed in Criminal

                   Miscellaneous No. 13613 of 2026, it would manifest that the

                   same describes petitioner as son of Ashok Kumar Bhusakuliya.

                                5. Since the name of the father of the petitioner in the
            Patna High Court CR. MISC. No.25847 of 2026(2) dt.17-04-2026
                                                        2/2




                      Vakalatnama also is recorded as Ashok Kumar Bhusakuliya, as

                      such, the Court is not inclined to entertain the modification

                      application.

                                   6. However, dismissal of modification application

                      shall not be construed to mean that petitioner is son of Ashok

                      Kumar Bhusakuliya.

                                   7. The modification application is dismissed.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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