Patna High Court
KEERAN DEVIversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
Holding
The court extended the surrender period by three weeks for the remaining petitioners and dismissed the petition as against petitioners 2 and 5.
Summary
Petitioners, a group of poor individuals, filed a criminal miscellaneous petition seeking modification of an earlier order dated 21‑08‑2024 which required them to surrender and furnish bail bonds within eight weeks. They claimed they could not surrender due to lack of proper legal advice and financial constraints, resulting in the arrest of two petitioners. The petition also requested withdrawal of the petition as against petitioners 2 and 5, who had already been arrested. The High Court granted permission to withdraw the petition against those two petitioners, dismissed the petition in that respect, and extended the surrender period by three weeks for the remaining petitioners, thereby modifying the earlier order to the limited extent. The petition was consequently disposed.
Issues considered
- Whether the court may extend the time granted for surrender and bail bond compliance in a criminal miscellaneous petition.
- Whether the petition can be withdrawn as against specific petitioners who have been arrested.
Subjects
- bail
- surrender
- modification of order
- criminal miscellaneous petition
- extension of time
- poverty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28846 of 2026
In
CRIMINAL MISCELLANEOUS No.51957 of 2024
Arising Out of PS. Case No.-91 Year-2024 Thana- RAJIVNAGAR District- Patna
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1. Keeran Devi Wife Of Ramaji Baitha @ Ramji Rajak Resident Of Mohalla -
Ghurdaur Road No.6, Number Road Behind Of Sbb Camp, Rajiv Nagar,
P.S.- Rajiv Nagar, District- Patna
2. Ramji Rajak @ Ramaji Baitha Son Of Muktar Baitha Resident Of Mohalla -
Ghurdaur Road No.6, Number Road Behind Of Sbb Camp, Rajiv Nagar,
P.S.- Rajiv Nagar, District- Patna
3. Vikash Kumar Son Of Ramji Rajak @ Ramaji Baitha Resident Of Mohalla -
Ghurdaur Road No.6, Number Road Behind Of Sbb Camp, Rajiv Nagar,
P.S.- Rajiv Nagar, District- Patna
4. Pankaj Kumar Son Of Amod Rajak @ Manish Rajak Resident Of Mohalla -
Ghurdaur Road No.6, Number Road Behind Of Sbb Camp, Rajiv Nagar,
P.S.- Rajiv Nagar, District- Patna
5. Manish Rajak Son Of Jogendra Rajak Resident Of Mohalla - Ghurdaur Road
No.6, Number Road Behind Of Sbb Camp, Rajiv Nagar, P.S.- Rajiv Nagar,
District- Patna
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Singh, Advocate
For the Opposite Party/s : Mr.Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-05-2026 At the outset, learned counsel for the petitioners
submits that petitioner nos. 2 and 5 have been arrested and seeks
permission to withdraw the present petition as against petitioner
nos. 2 and 5.
02. Permission is accorded.
03. Accordingly, the present petition is dismissed as
Patna High Court CR. MISC. No.28846 of 2026(2) dt.01-05-2026
2/3
withdrawn as against petitioner nos. 2 and 5.
04. Learned counsel for the petitioners submits that
the present petition has been filed for modification of order
dated 21.08.2024 passed in Cr. Misc. No. 51957 of 2024. The
petitioners could not surrender before the learned trial court in
terms of order dated 21.08.2024, whereby and whereunder the
petitioners were directed that in the event of their arrest or
surrender before the court concerned within a period of eight
weeks from the date of order, their bail bonds will be accepted
by the learned trial court.
05. Learned counsel for the petitioners further submits
that the petitioners belong to a very poor community and were
not properly advised and for this reason, they could not
surrender and two of the petitioners were arrested by the police
when they failed to surrender and furnish bail bond. Being poor
persons, the petitioners could not comply the order of this Court
and the delay occurred is neither intentional nor deliberate.
06. Having regard to the averment made in the present
petition as well as submission made on behalf of the petitioners,
time for surrender is extended for three weeks from today for
the remaining petitioners and order dated 21.08.2024 stands
modified to that extent only.
Patna High Court CR. MISC. No.28846 of 2026(2) dt.01-05-2026
3/3
07. Accordingly, the present petition stands disposed
of.
(Arun Kumar Jha, J)
DKS/-
U T
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