Patna High Court
Ashish TiwariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SONI SHRIVASTAVA
Holding
The court extended the surrender period by four weeks, subject to a Rs.2,000 deposit by each petitioner in the Victim Compensation Fund.
Summary
The petitioners, Ashish Tiwari and Shubham Yadav, were granted provisional bail by the Patna High Court on 9 May 2025, with a condition to surrender within a stipulated period after furnishing bail bonds of Rs.6,00,000. They failed to arrange the bail amount due to business losses and filed a modification application seeking an extension of the surrender period. The petitioners argued that the required amount has now been arranged and requested a four‑week extension. The Court, after hearing counsel, extended the surrender period by four weeks from the receipt of the order, subject to each petitioner depositing Rs.2,000 in the Victim Compensation Fund. The earlier bail order was accordingly modified, and the modification application was disposed.
Issues considered
- Whether the period of surrender under provisional bail may be extended on account of the petitioners' inability to furnish bail bonds within the original time frame
- Whether the conditions imposed for the extension, including deposit in the Victim Compensation Fund, are lawful
Subjects
- provisional bail
- surrender period
- modification of order
- victim compensation fund
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21052 of 2026
In
CRIMINAL MISCELLANEOUS No.42118 of 2024
Arising Out of PS. Case No.-26 Year-2024 Thana- KADAMKUAN District- Patna
======================================================
1. Ashish Tiwari S/o- Ashutosh Tiwari Resident of House No 1003 Spring
Green Apartment, Block- 1 Anaura Faizbabad Road, Lucknow, Uttar
Pradesh, 226028 P/A- Son of Ashutosh Tiwari, R/o- 334, Kashi Naresh
Kindhura Gonda, U.P
2. Shubham Yadav S/o- Sanjay Yadav R/v- H.No-1003, Spring Green Apt.
Block-1, Anaura Faizbabad Road, Lucknow, U.P, P/A- Son of Sanjay Yadav
R/o- 1/170-171/1 Sihabeer, Golaghat, Ramnagar Bhitti, Varanasi, U.P
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Anand
For the Opposite Party/s : Mr. Shantanu Kumar
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 03-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The present application has been filed for
modification of order dated 09.05.2025 passed in Cr. Misc No.
42118 of 2024 to the extent of extending the period of surrender.
3. Learned counsel for the petitioners submits that the
petitioners have been granted the privilege of provisional bail by
this Court vide order dated 09.05.2025 passed in Cr. Misc.
No.42118 of 2024 and further direction was given to the learned
Court below to confirm the provisional bail of the petitioner
Patna High Court CR. MISC. No.21052 of 2026(2) dt.03-04-2026
2/2
after having proof of payment of the remaining amount of
Rs.6,00,000/- by the petitioners to the opposite party
no.2/informant. He further submits that the petitioners could not
arrange the money because of some losses in business,
therefore, they could not furnish their bail bonds in the
stipulated time. However, the amount has now been arranged, as
such, the period for surrender may be extended.
4. After hearing learned counsel for the petitioners
and for the reasons mentioned in the modification application,
the period of surrender is extended by four weeks from the date
of receipt/production of a copy of this order in connection with
Kadamkuan P.S. Case No. 26 of 2024, subject to deposit of sum
of Rs.2000/- (Rupees Two Thousand) each in the Victim
Compensation Fund.
5. The order dated 09.05.2025 is modified to the
extent as indicated above.
6. Accordingly, this modification application stands
disposed of.
(Soni Shrivastava, J)
anand/-
U T
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