Patna High Court
Tejan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court allowed the modification petition, extending the surrender period by eight weeks and permitting payment of Rs.2,20,000 in two installments, subject to a Rs.5,000 deposit.
Summary
The petitioner, Tejan Kumar, filed a petition seeking modification of an earlier order dated 08.07.2024 that required his surrender and payment of a bail amount of Rs.2,20,000. He argued that he could not comply within the stipulated time and requested an additional eight‑week extension along with permission to pay the bail in two installments of Rs.1,10,000 each. The court considered the submission and, subject to a deposit of Rs.5,000 with the District Legal Services Authority, granted the requested extension and installment arrangement. The petitioner was also directed to furnish a bail‑bond before the lower court. Consequently, the modification petition was allowed, altering the original order only to the extent specified. The order was pronounced by Justice Prabhat Kumar Singh of the Patna High Court.
Issues considered
- Whether the petitioner is entitled to an extension of the surrender period prescribed in the original order
- Whether the court can permit payment of the bail amount in installments
Subjects
- bail
- surrender
- modification of order
- criminal miscellaneous
- court procedure
- payment in installments
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1345 of 2026
In
CRIMINAL MISCELLANEOUS No.11450 of 2024
Arising Out of PS. Case No.-361 Year-2021 Thana- GAYA COMPLAINT CASE District-
Gaya
======================================================
Tejan Kumar S/O Sri Karu Yadav R/O Village- Garwailya, P.S-
Barachatti(Dhangai), Distt.- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rinku Kumari W/O Tejan Kumar, D/O Balkisun Yadav R/O Village-
Garwaiya, P.S- Barachatti, Distt.- Gaya, at present Village- Sokhya, P.S-
Dhangai, Distt.- Gaya.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, A.P.P.
For the O.P. No. 2 : Mr. Nikhilesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner, O.P. No. 2
and the State.
2. This petition has been filed for modification of
order dated 08.07.2024 passed in Cr. Misc. No. 11450 of 2024
to the extent of extension of period of surrender.
3. Learned counsel for the petitioner submits due to
the reasons mentioned in the modification petition, petitioner
could not comply with the aforesaid order dated 08.07.2024 and
as such, he prays for further extension of eight weeks time with
the liberty to pay the amount of Rs. 2,20,000/- in two
Patna High Court CR. MISC. No.1345 of 2026(2) dt.18-02-2026
2/2
installments of Rs. 1,10,000/- each within the stipulated time
period.
4. In view of the aforesaid submission, further eight
weeks’ time from the date of receipt/production of copy of this
order is granted to the petitioner, with the aforesaid liberty, to
surrender and furnish bail-bond before the court below, subject
to deposit of Rs. 5,000/- (Rupees Five Thousand) to the
concerned District Legal Services Authority and to furnish its
receipt with the bail-bond.
5. Accordingly, modification petition is allowed and
order dated 08.07.2024 passed in Cr. Misc. No. 11450 of 2024 is
modified to the above extent only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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