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Patna High Court

Md. Anjal Miya @ Anjal AkhtarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that the surrender period may be extended subject to a deposit of Rs.10,000 with the District Legal Services Authority and submission of the receipt along with the bail bond.

Summary

The petitioner, Md. Anjal Miya, filed a petition seeking modification of an earlier order dated 16-12-2024 that limited the period for surrendering and furnishing a bail bond. The petitioner argued for an extension of the surrender period, citing reasons detailed in the modification petition. The Court examined whether the surrender deadline could be extended and what conditions, if any, should accompany such an extension. It held that an extension was permissible provided the petitioner deposited Rs.10,000 with the District Legal Services Authority and produced the receipt along with the bail bond. Consequently, the Court granted an additional eight weeks from the date of the order for surrender and bail bond compliance. The original order was modified accordingly and the petition was allowed.

Issues considered

  • Whether the period for surrender and furnishing a bail bond can be extended by the Court
  • Whether the imposition of a monetary deposit condition is permissible for such a modification

Subjects

  • bail
  • surrender
  • modification of order
  • criminal miscellaneous
  • deposit condition
  • District Legal Services Authority

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20213 of 2025
                                              In
                              CRIMINAL MISCELLANEOUS No.84092 of 2024
                    Arising Out of PS. Case No.-1124 Year-2024 Thana- Excise P.S. District- Aurangabad
                 ======================================================
                 Md. Anjal Miya @ Anjal Akhtar S/O Kallu Miya @ Md. Irshad Anshari
                 Resident of Village- Jhari, Chhotka Bahera, P.S- Amas, Dist.- Gaya.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashok Singh, Advocate
                 For the Opposite Party/s :        Mr. Binod Kumar, A.P.P.
                 ======================================================
                 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 16.12.2024, passed in Cr. Misc. No. 84092/2024 to

                   the extent of extension of period of surrender.

                                3. In view of reasons 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. 10,000/- (Rupees ten thousand) in the office of concerned

                   District Legal Services Authority and to furnish its receipt with

                   the bail-bond. This amount may be utilized by the Civil Court

                   concerned in purchase of furniture and beautification of the
              Patna High Court CR. MISC. No.20213 of 2025(2) dt.18-02-2026
                                                          2/2




                        court premises.

                                     4. Accordingly, order dated 16.12.2024, passed in Cr.

                        Misc. No. 84092/2024 is modified to the extent indicated above.

                                     5. This modification petition stands allowed.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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