Patna High Court
Shivjee Nath Chauhan @ Shivjee Nath ChaudhariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
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
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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
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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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