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Patna High Court

Chandan Kumar @ Chandan IssarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the order granting an eight‑week extension for surrender, subject to a Rs.5,000 deposit and bail‑bond, is valid and may be modified accordingly.

Summary

The petitioner, Chandan Kumar, filed a petition seeking modification of an earlier order dated 01‑09‑2025 that limited the period for his surrender. The petitioner requested an additional eight weeks to surrender and to furnish a bail‑bond, subject to a deposit of Rs.5,000 with the District Legal Services Authority. The court examined the reasons presented in the modification petition and considered the statutory discretion to extend surrender periods. It held that, given the petitioner’s circumstances, an extension with the stipulated conditions was appropriate. Consequently, the court modified the earlier order, granting an eight‑week extension and directing the deposit of Rs.5,000, and allowed the modification petition.

Issues considered

  • Whether the court may modify the earlier order to extend the period for surrender of the petitioner
  • Whether imposing a condition of deposit with the District Legal Services Authority is permissible

Subjects

  • bail
  • surrender
  • modification of order
  • criminal miscellaneous
  • District Legal Services Authority
  • deposit
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3781 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.6841 of 2025
                    Arising Out of PS. Case No.-37 Year-2024 Thana- MAHILA P.S. District- Samastipur
                 ======================================================
                 Chandan Kumar @ Chandan Issar S/o- Gauri Shanker R/O- Mahesi, P.S.-
                 Bhibhutipur, Dist- Samastipur

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Anu Kumari D/o- Amrendra Chaudhary R/v- Jorpur Ps- Halai OP Dist-
                 Samastipur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :       Ms. Shaheen Begum, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   18-02-2026                          Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. This petition has been filed for modification of

                   order dated 01.09.2025, passed in Cr. Misc. No. 6841/2025 to

                   the extent of extension of period of surrender.

                                3. In view of reasons assigned in the modification

                   petition, further eight 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) in the office of concerned

                   District Legal Services Authority and to furnish its receipt with

                   the bail-bond. This amount may be utilized by the Civil Court
              Patna High Court CR. MISC. No.3781 of 2026(2) dt.18-02-2026
                                                          2/2




                        concerned in purchase of furniture and beautification of the

                        court premises.

                                     4. Accordingly, order dated 01.09.2025, passed in Cr.

                        Misc. No. 6841/2025 is modified to the extent indicated above.

                                     5. This modification petition stands allowed.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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