Patna High Court
RAJENDRA MUKHIYAversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJIV ROY
Holding
The modification petition is allowed, subject to payment of Rs.1,000 to the Legal Services Committee and an extension of the surrender period by four weeks.
Summary
Petitioner Rajendra Mukhiya filed an application seeking modification of an earlier order dated 25 March 2026 in Criminal Miscellaneous No.17279 of 2026, which had named the Special Judge‑I (Excise Act), Darbhanga as the court where the case was pending. The petitioner requested that the order be read as referring to the Sub Divisional Judicial Magistrate, Biraul, Darbhanga instead. The High Court examined the propriety of altering the designation of the court and the conditions attached to such a modification. The Court allowed the modification, directing that a fee of Rs.1,000 be paid to the Patna High Court Legal Services Committee, and further extended the period of surrender by four weeks. The order was pronounced by Justice Rajiv Roy on 1 May 2026.
Issues considered
- The appropriateness of modifying the earlier order to change the designated court from the Special Judge‑I (Excise Act) to the Sub Divisional Judicial Magistrate, Biraul
- The conditions, if any, that may be imposed for granting such a modification
Subjects
- modification of order
- criminal miscellaneous proceedings
- jurisdictional designation
- surrender period
- legal services fee
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29000 of 2026
In
CRIMINAL MISCELLANEOUS No.17279 of 2026
Arising Out of PS. Case No.-241 Year-2025 Thana- KUSHESHWARASTHAN District-
Darbhanga
======================================================
RAJENDRA MUKHIYA S/o- Mahendra Mukhiya Resident of Village- Missi
Ward No 13 Police Station- Kusheshwar Asthan District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Mr.Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 01-05-2026 Heard the parties.
2. The present application has been preferred for
modification of order dated- 25.03.2026 passed in Cr. Misc. No.
17279 of 2026 by this Court to the extent that the court where
the case is pending may be read as learned Sub Divisional
Judicial Magistrate, Biraul, Darbhanga in place of learned
Special Judge-I (Excise Act), Darbhanga.
3. For the reasons assigned in different paragraphs,
the modification petition is allowed subject to payment of
Rs.1000/- to the Patna High Court Legal Services Committee
which in turn will go to Suvas Cell, OFF Bailey Road, Patna-
800001.
Patna High Court CR. MISC. No.29000 of 2026(2) dt.01-05-2026
2/2
4. The period of surrender is further extended by four
weeks from today.
(Rajiv Roy, J)
Ravi/-
U T
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