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Patna High Court

Jaiprakash singh @ Jaiprakash KushwahaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that the surrender period may be extended by eight weeks provided the petitioner deposits Rs 5,000 with the District Legal Services Authority and furnishes the bail‑bond.

Summary

The petitioner, Jaiprakash Singh, filed a petition seeking modification of the order dated 17‑01‑2026 which limited the period for surrender in a criminal miscellaneous case. The petitioner requested an extension of the surrender period and permission to furnish a bail‑bond subject to a monetary deposit. The Court examined whether the extension could be granted and what conditions, if any, should be imposed. Considering the reasons pleaded, the Court held that an additional eight weeks would be sufficient and conditioned the extension on a deposit of Rs 5,000 to the District Legal Services Authority along with the bail‑bond. The order dated 17‑01‑2026 was accordingly modified and the petition was allowed.

Issues considered

  • Whether the order limiting the surrender period can be modified
  • What conditions may be imposed for granting an extension of surrender and bail bond

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28605 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.85578 of 2025
                 Arising Out of PS. Case No.-666 Year-2024 Thana- MAJHAULIA District- West Champaran
                 ======================================================
                 Jaiprakash singh @ Jaiprakash Kushwaha Son of Khedu Bhagat @ Khedu
                 Singh Resident of Village - Mathlohiyar Chhotwaniya Tola, ps- Harsidhi,
                 Dist- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Priyesh Kumar, Advocate
                 For the Opposite Party/s :      Mr. Ahmad Ali, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   24-04-2026                   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 17.01.2026, passed in Cr. Misc. No. 85578/2025 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. 5,000/- (Rupees five 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
              Patna High Court CR. MISC. No.28605 of 2026(2) dt.24-04-2026
                                                          2/2




                        concerned in purchase of furniture and beautification of the

                        court premises.

                                     4. Accordingly, said order is modified to the extent

                        indicated above.

                                     5. This modification petition stands allowed.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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