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Patna High Court

RAJENDRA MUKHIYAversusThe State of Bihar

Decided
Disposal
ALLOWED

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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