Patna High Court
Ashutosh Kumar TripathiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court modified the earlier order, granting an eight‑week extension for surrender subject to a Rs.5,000 deposit with the District Legal Services Authority.
Summary
Ashutosh Kumar Tripathi filed a petition seeking modification of the order dated 24‑11‑2025 in Criminal Miscellaneous No.52852 of 2025, which had fixed a surrender date. The petitioner requested an extension of the surrender period. The Patna High Court, after hearing counsel, granted an additional eight weeks for surrender, conditioned upon the deposit of Rs.5,000 in the District Legal Services Authority and furnishing the receipt with the bail‑bond. The deposited amount may be used by the civil court for furniture and beautification of its premises. Consequently, the modification petition was allowed and the earlier order was altered accordingly.
Issues considered
- Whether the order fixing a surrender period can be modified to extend the time for surrender
- What conditions, if any, may be imposed on the extension of surrender period
Subjects
- modification petition
- surrender period
- bail bond
- criminal miscellaneous
- extension of time
- deposit requirement
- District Legal Services Authority
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6780 of 2026
In
CRIMINAL MISCELLANEOUS No.52852 of 2025
Arising Out of PS. Case No.-963 Year-2021 Thana- SIWAN COMPLAINT CASE District-
Siwan
======================================================
Ashutosh Kumar Tripathi Son of Ramayodhya Tripathi Resident of village-
Itahari, Ps- Rasulpur, Dist- Saran at Chapra
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rani Kumari wife of Ashutosh Kumar Tripathi Resident of village- Itahari,
Ps- Rasulpur, Dist- Saran at Chapra At P/A- Daughter of Nawal Kishore
Mishra, Resident of village- Usri, Ps- G.B. Nagar, Tarwara, Dist- Siwan
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
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 24.11.2025 passed in Cr.Misc. No. 52852 of 2025
to the extent of extension of period of surrender.
3 . In view of reason 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
Patna High Court CR. MISC. No.6780 of 2026(2) dt.18-02-2026
2/2
the bail-bond. This amount may be utilized by the Civil court
concerned in purchase of furniture and beautification of the
court premises.
4. Accordingly, said order is modified to the extent
indicated above.
5 . This modification petition stands allowed.
(Prabhat Kumar Singh, J)
Koushik/-
U T
Checking your session…