Patna High Court
Vinay Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RAJESH KUMAR VERMA
Holding
A second modification petition is not proper and must be dismissed.
Summary
Vinay Kumar Yadav filed a petition seeking modification of an earlier order dated 23.01.2025 that required his surrender. The High Court had previously modified that order by its judgment dated 08.09.2025. Despite the modification, the petitioner failed to surrender within the stipulated time and subsequently filed another petition for a second modification of the same order. The Court examined whether a second modification petition was maintainable after the earlier modification and non‑compliance by the petitioner. It held that the second petition was not proper and dismissed it.
Issues considered
- Whether a second petition for modification of an earlier order is maintainable when the petitioner has already failed to comply with the prior modified order.
Subjects
- modification of order
- maintainability of petition
- non‑compliance
- criminal miscellaneous proceedings
- surrender order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9737 of 2026
In
CRIMINAL MISCELLANEOUS No.59463 of 2025
Arising Out of PS. Case No.-3 Year-2023 Thana- MAIRWAN District- Siwan
======================================================
Vinay Kumar Yadav S/o- Mahanand Yadav R/v- Saraiya, P.O and P.S-
Kotwali, DeoriaJanpad, District- Deoria, Uttarpradesh
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rahul Kumar Gupta S/o- Parsuram Gupta R/v- Nimiya Tola Badgaon Ps-
Mairwa Dist- Siwan
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Dubey, Advocate
For the State : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-02-2026 Heard Mr. Ranjan Kumar Dubey, learned counsel
for the petitioner and Mr. Abhay Kumar, learned APP for the
State.
2. The present petition has been filed for modifying
the order dated 08.09.2025 passed in Cr. Misc. No. 59463 of
2025.
3. The petitioner had earlier approached this Court
for modifying the order dated 23.01.2025 passed in Cr. Misc.
No. 29877 of 2024 and the same was allowed vide order dated
08.09.2025 passed in Cr. Misc. No. 59463 of 2025.
4. Despite of aforesaid, the petitioner has not
surrendered within the stipulated time and he has again sought
Patna High Court CR. MISC. No.9737 of 2026(2) dt.13-02-2026
2/2
modification of the order dated 08.09.2025 passed in Cr. Misc.
No. 59463 of 2025. It appears that the petitioner has not chosen
to comply the order of this Court dated 23.01.2025 passed in Cr.
Misc. No. 29877 of 2024 and filing second modification
application, though the order dated 23.01.2025 had already
modified by this Court vide order dated 08.09.2025 passed in
Cr. Misc. No. 59463 of 2025..
5. In view of the aforesaid, second modification
petition is not proper.
6. Accordingly, this modification application stands
dismissed.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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