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Patna High Court

Indal YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court extended the surrender period by three weeks, subject to a deposit of Rs.5,000 with the District Legal Services Authority.

Summary

The petitioner, Indal Yadav, filed an application seeking modification of an earlier order that required him to surrender within a specified period. He argued that he was already in custody for a different case and could not furnish a bail bond for the present case. The court considered the petitioner's circumstances and the need for a reasonable surrender period. It extended the surrender deadline by three weeks from the receipt of the order, conditional upon the petitioner depositing Rs.5,000 with the District Legal Services Authority. The modification order was thereby issued and the application disposed.

Issues considered

  • Whether the period of surrender prescribed in the original order can be extended on account of the petitioner's custody in another case
  • Whether the court can condition the extension of surrender on a monetary deposit

Subjects

  • bail
  • surrender
  • modification of order
  • criminal procedure
  • deposit
  • legal services authority

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29103 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.7443 of 2026
                       Arising Out of PS. Case No.-74 Year-2025 Thana- MAHISHI District- Saharsa
                 ======================================================
                 Indal Yadav son of Maheshwar Yadav Resident Of Village- Baltharba Tola
                 Rangelipur, Ps- Kusheshwar Sthan, Distirct -Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amarnath Jha, Advocate
                 For the Opposite Party/s :       Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   01-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The present application has been filed for

                   modification of order dated 04.02.2026 passed in Cr. Misc No.

                   7443 of 2026 to the extent of extending the period of surrender.

                                3. Learned counsel for the petitioner submits that

                   since the petitioner was taken into custody in connection with

                   Nadi P.S. Case No.10 of 2025, therefore, he could not furnish

                   the bail bond in connection with the present case.

                                4. After hearing learned counsel for the petitioner and

                   for the reasons mentioned in the modification application, the

                   period of surrender is extended by three weeks from the date of

                   receipt/production of a copy of this order in connection with
              Patna High Court CR. MISC. No.29103 of 2026(2) dt.01-05-2026
                                                          2/2




                        Mahishi P.S. Case No. 74 of 2025, subject to deposit of sum of

                        Rs.5000/- (Rupees Five Thousand) in the concerned District

                        Legal Services Authority.

                                     5. The order dated 04.02.2026 is modified to the

                        extent as indicated above.


                                     6. Accordingly, this modification application stands

                        disposed of.



                                                  (Soni Shrivastava, J)
anand/-

U         T


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