Patna High Court
Kumar Shankar @ Shankar KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court modified the earlier order, granting an additional eight weeks for surrender subject to a deposit of Rs.25,000 and submission of the bail‑bond receipt.
Summary
The petitioner, Kumar Shankar, filed an application seeking modification of an earlier order dated 07‑05‑2024 that had extended the period for his surrender in a criminal miscellaneous case. The court considered the reasons presented by the petitioner and decided to grant an additional eight weeks for surrender. The modification was conditioned upon the petitioner depositing Rs.25,000 and furnishing the receipt of the bail bond to the concerned District Legal Services Authority. The order dated 07‑05‑2024 was accordingly altered to reflect these new terms. The petition for modification was allowed by the Patna High Court.
Issues considered
- Whether the court can modify an earlier order extending the surrender period in a criminal miscellaneous proceeding
- Whether the petitioner must deposit a specified amount and furnish a bail‑bond receipt as a condition for the extension
Subjects
- bail
- surrender
- modification of order
- criminal miscellaneous
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15104 of 2026
In
CRIMINAL MISCELLANEOUS No.3275 of 2024
Arising Out of PS. Case No.-251 Year-2022 Thana- KATIHAR COMPLAINT CASE
District- Katihar
======================================================
Kumar Shankar @ Shankar Kumar S/o Mulho Singh Resident of Village -
Kashimpur Kadwa, P.S - Naugachhiya, District - Bhagalpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rani Kumari W/o Kumar Shankar @ Shankar Kumar D/o Niranjan Kumar
@ Niranjan Kumar Singh, R/o Village - Diwandi (Mirjapur), P.S - Korha,
District - Katihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Satya Narayan Yadav, Advocate
For the State : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-03-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. This application has been filed for modification of
order dated 07.05.2024 passed in Cr. Misc. No. 3275 of 2024 by
this Court to the extent of extension of period to surrender.
3. In view of reasons assigned in the petition, further
eight weeks’ time from today is granted to the petitioner, above
named, to surrender and furnish bail-bond before the concerned
Court where the case is pending, subject to deposit of Rs.
25,000/- (Rupees Five Thousand) to the concerned District
Patna High Court CR. MISC. No.15104 of 2026(2) dt.11-03-2026
2/2
Legal Services Authority and to furnish its receipt with the bail-
bond.
4. Accordingly, order dated 07.05.2024 passed in Cr.
Misc. No. 3275 of 2024 is modified to the above extent and this
modification petition is allowed.
(Prabhat Kumar Singh, J)
shashank/-
U T
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