Patna High Court
Mohan RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court extended the surrender period by four weeks and disposed of the modification petition.
Summary
Mohan Ray filed a petition seeking modification of the order dated 18‑03‑2026 in Criminal Miscellaneous No. 429 of 2026. He contended that his brother‑in‑law produced a document relating to ancestral property, but the court had not accepted it because it was in the name of the brother‑in‑law’s deceased father. The petitioner argued that, since the father is deceased and the property is in the brother‑in‑law’s possession, the document should be admitted. The High Court considered the submission and disposed of the modification application (Cr. Misc. No. 26986 of 2026). It extended the period of surrender granted to the petitioner by an additional four weeks and ordered the petition dismissed.
Issues considered
- Whether a document in the name of a deceased relative can be accepted for the purpose of modifying a surrender order
Subjects
- modification of order
- surrender period
- ancestral property
- document acceptance
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26986 of 2026
In
CRIMINAL MISCELLANEOUS No.429 of 2026
Arising Out of PS. Case No.-117 Year-2024 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
Mohan Ray S/O Bhola Rau R/O Village - Raghunathpur, P.S- Sahebpur
Kamal,Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabi Bhushan, Adv.
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 24-04-2026 Heard the parties.
2. The present application has been preferred for
modification in the order dated 18.03.2026 passed in Cr. Misc. No.
429 of 2026 by this Court.
3. The modification petition has been filed submitting
that the brother-in-law came forward and produced his
document which has not been accepted as it is in the name of
father of brother-in-law.
4. The Court concerned should take note of the fact
that the father of brother-in-law of the petitioner is no more and
the ancestral property is in his possession and in that
background, the document submitted by him be accepted.
5. Cr. Misc. No. 26986 of 2026 is disposed of.
Patna High Court CR. MISC. No.26986 of 2026(2) dt.24-04-2026
2/2
6. The period of surrender is extended by further four
weeks.
(Rajiv Roy, J)
Vijay Singh/-
U T
Checking your session…