Patna High Court
Rakesh Yadav @ Ram Babu YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SUDHIR SINGH
Holding
The second application for modification of the surrender order is dismissed as there are no new grounds to interfere with the earlier order.
Summary
The petitioner, Rakesh Yadav, filed an application seeking modification of a 04‑09‑2018 order that required him to surrender before the trial court within six weeks. He had previously applied for the same modification, which was rejected on 28‑07‑2021. The present petition was his second attempt to alter the surrender order, and the court found no new grounds or justification for revisiting the earlier decision, especially given the lapse of time. Consequently, the court dismissed the modification application. The court, however, noted that if the petitioner surrenders, his bail request will be considered on its own merits without prejudice from this order.
Issues considered
- Whether the second application for modification of the surrender order can be entertained despite prior rejection and lapse of time
Subjects
- Criminal Procedure Code
- modification of order
- surrender
- bail
- procedural delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88524 of 2024
In
CRIMINAL MISCELLANEOUS No.52749 of 2018
Arising Out of PS. Case No.-388 Year-2017 Thana- JAYNAGAR District- Madhubani
======================================================
Rakesh Yadav @ Ram Babu Yadav Son of Uttim Lal Yadav Village- Akaunha
PS -Deodha Distt- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ratnakar Jha, Advocate
Ms. Prerna, Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 13-02-2026 The present application has been preferred by the
petitioner for modification of the order dated 04.09.2018, passed
in Cr. Misc. No. 52749 of 2018, whereby the petitioner was
directed to surrender before the trial court within a period of six
weeks from the date of the order.
2. It transpires from the record that the petitioner had
earlier preferred an application seeking modification of the said
order dated 04.09.2018, which was dismissed vide order dated
28.07.2021 passed in Cr. Misc. No. 36043 of 2021.
3. The present application is the second attempt of the
petitioner seeking modification of the same order dated
04.09.2018. I find no new ground to interfere with the order
Patna High Court CR. MISC. No.88524 of 2024(2) dt.13-02-2026
2/2
dated 04.09.2018, particularly in view of the earlier rejection of
the similar prayer and considerable lapse of time.
4. Accordingly, the present modification application
stands dismissed.
5. However, in the event, the petitioner surrenders
before the trial court, his prayer for bail shall be considered on
its own merits in accordance with law, without being prejudiced
by this order.
(Sudhir Singh, J)
Rajesh/-
U T
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