Patna High Court
Indal YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SONI SHRIVASTAVA
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
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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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