Patna High Court
Pradeep SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The High Court held that, due to the failure of the Transport Officer and Superintendent of Police to submit the required report, the order granting time to surrender was liable to be modified under Section 362 CrPC.
Summary
Petitioner Pradeep Sahani applied to the Patna High Court seeking a further extension of time to surrender before the District Court, alleging that the bail bond was not accepted because the District Transport Officer and Superintendent of Police failed to produce a required vehicle report. The High Court noted the bar under Section 362 of the Criminal Procedure Code, which governs modification of orders. Considering the non‑submission of the report, the Court held that the petitioner had established a case for modification. Since the petitioner was already released on pre‑arrest bail, the Court directed that his bail bond be accepted if he surrenders by 26‑02‑2026. The earlier order dated 24‑09‑2025 was modified accordingly, and the remaining parts of that order were left unchanged. The application for modification was consequently disposed of.
Issues considered
- Whether the order granting time to surrender can be modified under Section 362 CrPC given the failure of authorities to submit the vehicle report.
- Whether the petitioner is entitled to have his bail bond accepted upon surrender.
Legislation cited
- BNS — s. 403
- Code of Criminal Procedure, 1973 — s. 362
Subjects
- bail
- modification of order
- Section 362 CrPC
- pre‑arrest bail
- vehicle report
- extension of time to surrender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.331 of 2026
In
CRIMINAL MISCELLANEOUS No.63528 of 2025
Arising Out of PS. Case No.-113 Year-2025 Thana- SUGAULI District- East Champaran
======================================================
Pradeep Sahani S/o Jatasankar Sahani @ Jata Sahani R/o Village- Mehwa,
P.S- Sugauli, Dist- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhannjay Kumar No 2, Advocate
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 06-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks modification of the order dated
24.09.2025 passed in Cr. Misc. No. 63528 of 2025 for further
extension of time to surrender before the learned District Court.
3. Learned counsel appearing on behalf of the
petitioner submitted that the bail bond of the petitioner was not
accepted due to inaction on the part of the District Transport
Officer, East Champaran, Motihari and Superintendent of
Police, East Champaran, Motihari as they appear to have
willfully and deliberately not produced the report in respect of
the vehicle, giving rise to illicit trade of liquor in the State of
Bihar.
Patna High Court CR. MISC. No.331 of 2026(2) dt.06-02-2026
2/2
4. This court is conscious of the bar contained in
Section 362 CrPC corresponding section 403 BNS which is
para materia in respect of modifying order.
5. Considering the information that the District
Transport Officer and Superintendent of Police have not sent the
report, I find that the petitioner has made out a case for
modification of the order dated 24.09.2025 passed in Cr. Misc.
No. 63528 of 2025 to the extent that as the petitioner has
already been released on pre-arrest bail, the bail bond of the
petitioner is directed to be accepted, if the petitioner surrenders
on or before 26.02.2026.
6. The order dated 24.09.2025 passed in Cr. Misc. No.
63528 of 2025 is modified to the extent as indicated above. The
other parts of the order shall remain intact.
7. Accordingly, the modification application stands
disposed of.
(Purnendu Singh, J)
Sanjay/-
U T
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