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Patna High Court

Sunil Kumar GiriversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court modified the earlier order, extending the surrender period by ten weeks subject to a Rs.5,000 deposit with the District Legal Services Authority.

Summary

The petitioner, Sunil Kumar Giri, filed a petition under Criminal Miscellaneous No.29079 of 2026 seeking modification of an earlier order dated 17.03.2026 that had set a deadline for his surrender and furnishing of a bail bond. The petitioner argued for a further extension of the surrender period. The Court, after hearing counsel, granted an additional ten weeks from the date of the order for the petitioner to surrender and submit the bail bond, subject to a deposit of Rs.5,000 with the District Legal Services Authority. The deposited amount may be utilized by the civil court for furniture and beautification of its premises. Consequently, the modification petition was allowed, and the earlier order was altered only to the extent specified.

Issues considered

  • What is the appropriate extent of modification permissible for an order granting a surrender period?
  • Whether the petitioner may be conditioned to deposit a sum with the District Legal Services Authority as a condition for extending the surrender period.

Subjects

  • bail
  • surrender
  • modification of order
  • criminal miscellaneous
  • extension of time
  • District Legal Services Authority

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29079 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.999 of 2023
                    Arising Out of PS. Case No.-327 Year-2019 Thana- TRIVENIGANJ District- Supaul
                 ======================================================
                 Sunil Kumar Giri son of Anirudh Giri Resident Of Village And Post -Bhoda,
                 Ps -Harsidhi, Dist -East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    The District Manager, State Food Corporation, Supaul, Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dwivedy Surendra, Advocate
                 For the Opposite Party/s :      Mr. Yogendra Kumar Singh, A.P.P.
                 For the O.P. No. 2       :      Mr. Niraj Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   24-04-2026                    Heard learned counsel for the parties.

                                2. This petition has been filed for modification of

                   order dated 17.03.2026, passed in Cr. Misc. No. 999/2023 to the

                   extent of extension of period of surrender.

                                3. In view of reasons assigned in the modification

                   petition, further ten 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

                   concerned in purchase of furniture and beautification of the
              Patna High Court CR. MISC. No.29079 of 2026(2) dt.24-04-2026
                                                          2/2




                        court premises.

                                     4. Accordingly, said order is modified to the extent

                        indicated above only.

                                     5. This modification petition stands allowed.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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