Patna High Court
Baharan Rai @ Nageshwar RaiversusThe 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
The petitioner, Baharan Rai, filed an application seeking modification of a prior order dated 12‑11‑2025 that had extended the period for his surrender in a criminal appeal. The petition argued for additional time to surrender and to comply with bail conditions. The High Court considered the reasons presented and exercised its inherent power to alter its earlier direction. It granted an additional eight‑week period for surrender, subject to the petitioner depositing Rs 5,000 with the District Legal Services Authority and furnishing the receipt along with the bail bond. Consequently, the earlier order was modified accordingly and the petition for modification was allowed.
Issues considered
- Whether the High Court can modify its earlier order extending the surrender period and impose a monetary deposit condition on the petitioner
Subjects
- bail
- surrender
- modification of order
- criminal appeal
- legal services authority
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15233 of 2026
In
CRIMINAL APPEAL (SJ) No.4982 of 2023
Arising Out of PS. Case No.-656 Year-2021 Thana- GARKHA District- Saran
======================================================
Baharan Rai @ Nageshwar Rai S/o Shankar Rai R/o Village - Narayanpur,P.S
- Garkha, District - Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Dewendra Narayan Singh, Advocate
For the State : Mr. Nirmal Kumar Sinha, 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 12.11.2025 passed in Cr. Appeal (SJ) No. 4982 of
2023 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.
5,000/- (Rupees Five Thousand) to the concerned District
Legal Services Authority and to furnish its receipt with the bail-
Patna High Court CR. MISC. No.15233 of 2026(2) dt.11-03-2026
2/2
bond.
4. Accordingly, order dated 12.11.2025 passed in Cr.
Appeal (SJ) No. 4982 of 2023 is modified to the above extent
and this modification petition is allowed.
(Prabhat Kumar Singh, J)
shashank/-
U T
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