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Patna High Court

Bhola Yadav @ Bhola RayversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The modification petition is dismissed due to inordinate delay and lack of sufficient cause.

Summary

The petitioner, Bhola Yadav, filed a modification petition seeking an extension of the period of surrender ordered on 14-02-2020 in Criminal Miscellaneous No.73535 of 2018. The State opposed, arguing that the petition was filed six years after the original order, which is an inordinate delay. The petitioner failed to demonstrate any sufficient cause for the delay. The Court considered the lapse of six years and the lack of satisfactory explanation. Consequently, the Court dismissed the modification petition. The order was pronounced by Justice Prabhat Kumar Singh on 24-04-2026.

Issues considered

  • Whether a modification petition filed six years after the original order can be entertained without sufficient cause for delay

Subjects

  • modification of order
  • delay
  • criminal miscellaneous
  • surrender period

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29054 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.73535 of 2018
                      Arising Out of PS. Case No.-162 Year-2018 Thana- DIDARGANJ District- Patna
                 ======================================================
                 Bhola Yadav @ Bhola Ray S/O Late Ranjit Ray R/O Vill.- Didarganj, P.S.-
                 Didarganj, Dist.- Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bindeshwar Prasad Singh, Advocate
                 For the Opposite Party/s :       Mr. Umeshanand Pandit, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   24-04-2026                   Heard learned counsel for the petitioner and the State.

                                2. This modification petition has been filed for

                   modification of order dated 14.02.2020, passed in Cr. Misc. No.

                   73535 of 2018 to the extent of extension of period of surrender.

                                3. At the outset, learned counsel for the State opposed

                   the modification petition and submitted that this petition has

                   been moved after the inordinate lapse of six years of passing of

                   said order. Learned counsel submits that to modify an order,

                   petitioner should come to the Court in time.

                                4. Considering the fact that this modification petition

                   has been filed after delay of six years and petitioner has not

                   satisfied the Court that petitioner was prevented from sufficient

                   cause in preferring this modification petition within time.
              Patna High Court CR. MISC. No.29054 of 2026(2) dt.24-04-2026
                                                          2/2




                                     5.   Accordingly,          this   modification   petition   is

                        dismissed.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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