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Patna High Court

Shivjee Nath Chauhan @ Shivjee Nath ChaudhariversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court exercised its discretion to extend the surrender period by eight weeks, subject to a Rs.5,000 deposit by each petitioner, and modified the earlier order accordingly.

Summary

The petitioners, Shivjee Nath Chauhan and Kanti Devi, filed a petition seeking modification of an earlier order dated 12‑08‑2025 that limited the period within which they must surrender and furnish a bail‑bond in a criminal miscellaneous case. The petition argued for a further extension of the surrender period. The High Court, after hearing counsel, granted an additional eight weeks for surrender, conditioned upon each petitioner depositing Rs.5,000 with the District Legal Services Authority and furnishing the receipt with the bail‑bond. The deposited amount is earmarked for purchase of furniture and beautification of court premises. Consequently, the order was modified as requested and the petition was allowed.

Issues considered

  • What is the appropriate extent of the court's discretion to extend the period for surrender and impose conditions such as a monetary deposit?

Subjects

  • criminal procedure
  • surrender
  • bail bond
  • modification of order
  • High Court
  • deposit condition
  • District Legal Services Authority

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28642 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.52782 of 2025
                      Arising Out of PS. Case No.-132 Year-2024 Thana- SARMERA District- Nalanda
                 ======================================================
           1.     Shivjee Nath Chauhan @ Shivjee Nath Chaudhari S/o Hulash Chaudhary
                  R/o Village, P.S - Bajharua Udavantnagar, District - Ara at Bhojpur
           2.    Kanti Devi w/o Shivjee Nath Chauhan @ Shivjee Nath Chaudhari R/o
                 Village and P.S - Udavantnagar, District - Ara at Bhojpur

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

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

2   24-04-2026                   Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. This petition has been filed for modification of

                   order dated 12.08.2025, passed in Cr. Misc. No. 52782/2025 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

                   petitioners 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) each 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
              Patna High Court CR. MISC. No.28642 of 2026(2) dt.24-04-2026
                                                          2/2




                        Civil    Court      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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