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Patna High Court

Ramkinkar Ray @ Ramkinkar RaiversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petition for modification is allowed, extending the surrender period by eight weeks subject to a Rs.5,000 deposit.

Summary

The petitioner, Ramkinkar Ray, filed a petition under Criminal Miscellaneous No.11883 of 2026 seeking modification of an earlier order dated 05.08.2025 that required his surrender. The petitioner requested an extension of the surrender period, citing reasons presented before the court. The High Court, after hearing counsel for both sides, granted an additional eight weeks for surrender, conditioned upon the petitioner depositing Rs.5,000 with 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 court modified the earlier order and allowed the petition.

Issues considered

  • Whether the court may extend the period of surrender granted to the petitioner
  • Whether imposing a monetary deposit as a condition for extension is permissible

Subjects

  • modification of surrender order
  • bail bond
  • criminal procedure
  • extension of surrender period
  • deposit condition
  • District Legal Services Authority
  • High Court of Patna

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11883 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.25412 of 2025
                 Arising Out of PS. Case No.-49 Year-2022 Thana- COMPLAINT CASE - ROSERA District-
                                                        Samastipur
                 ======================================================
                 Ramkinkar Ray @ Ramkinkar Rai S/o Late Ram Radha Ray R/o - Devdha,
                 Ward No.11, P.S - Hasanpur, District - Samastipur, Bihar

                                                                                ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Rammani Roy S/o Ram Sewak Roy R/o vill - Devdha, ward no. 11, P.S.-
                 Hasanpur, Distt.- Samastipur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vinay Kumar Mishra, Advocate
                 For the Opposite Party/s :        Mr. Shahabuddin Azeem @ S. Azeem , 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 05.08.2025 passed in Cr.Misc. No. 25412 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.11883 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


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