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Patna High Court

Asif Hussain @ AsifversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court modified the earlier order, corrected the name, and extended the surrender period by six weeks subject to a Rs. 5,000 deposit.

Summary

The petitioner, Asif Hussain, filed a petition seeking modification of an earlier order dated 24-11-2022 to correct the spelling of his father's name and to obtain an extension of time to surrender. The High Court examined the petition and found merit in the request for correction of the name in the cause title. It also granted an additional six weeks for the petitioner to surrender and furnish a bail bond, subject to a deposit of Rs. 5,000 to the District Legal Services Authority. The court directed that the receipt of the deposit be produced along with the bail bond. Consequently, the earlier order was modified accordingly and the petition was allowed.

Issues considered

  • Whether the court can modify the earlier order to correct the petitioner’s father's name
  • Whether the court can extend the period for surrender and bail bond filing

Subjects

  • modification of order
  • name correction
  • surrender extension
  • bail bond
  • criminal miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3677 of 2025
                                              In
                              CRIMINAL MISCELLANEOUS No.33802 of 2022
                       Arising Out of PS. Case No.-161 Year-2021 Thana- DANAPUR District- Patna
                 ======================================================
                 Asif Hussain @ Asif Son of Arshad Ahmad Resident of Chhoti Haweli,
                 Saguna, P.S. - Danapur, District - Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Sanjay Kumar, Advocate
                 For the State           :        Mr. Amitesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   09-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. This petition has been filed for modification of

                   order dated 24.11.2022 passed in Cr. Misc. No. 33802 of 2022

                   by this Court to the extent of correction of name of father and

                   for extension of period to surrender.

                                3. In view of reasons assigned in the petition, let name

                   of petitioner in the cause title of order dated 24.11.2022 passed

                   in Cr. Misc. No. 33802 of 2022 be read as follows:-

                                       “ASIF HUSSAIN @ ASIF, SON OF ARSHAD

                                       AHMAD @ ARSHAD HUSSAIN, RESIDENT

                                       OF CHHOTI HAWELI, SAGUNA, P.S.-

                                       DANAPUR, DISTRICT - PATNA”
             Patna High Court CR. MISC. No.3677 of 2025(3) dt.09-01-2026
                                                         2/2




                                    4. Accordingly, further six weeks’ time from today is

                       granted to the petitioner to surrender and furnish bail-bond

                       before the concerned Court where the case is pending, subject to

                       deposit of Rs. 5,000/- (Rupees Five Thousand) to the

                       concerned District Legal Services Authority and to furnish its

                       receipt with the bail-bond.

                                    5. Accordingly, order dated 24.11.2022 passed in Cr.

                       Misc. No. 33802 of 2022 is modified to the above extent and this

                       modification petition is allowed.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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