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Patna High Court

RAJ KAMAL GUPTAversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that an extension of the surrender period may be granted, provided the petitioner deposits Rs.10,000 with the District Legal Services Authority and furnishes the receipt with the bail bond.

Summary

Petitioner Raj Kamal Gupta filed a petition seeking modification of an earlier order that required him to surrender and furnish a bail bond. The petitioner requested an extension of the surrender period. The High Court, after hearing counsel, granted an additional eight weeks for surrender, conditioned upon a deposit of Rs.10,000 to the District Legal Services Authority, the receipt of which must be produced with the bail bond. The deposited amount may be used by the civil court for furniture and beautification of its premises. The modification petition was allowed, thereby extending the surrender deadline under the stipulated conditions.

Issues considered

  • Whether the period of surrender granted to the petitioner can be extended further
  • Whether imposing a monetary deposit to the District Legal Services Authority is a valid condition for such an extension

Subjects

  • bail
  • surrender
  • modification of order
  • high court
  • deposit
  • District Legal Services Authority
  • criminal miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29106 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.39418 of 2024
                 Arising Out of PS. Case No.-890 Year-2022 Thana- BUXAR COMPLAINT CASE District-
                                                         Buxar
                 ======================================================
                 RAJ KAMAL GUPTA S/o Subash Chandra Gupta @ Subhash Chandra Gupta
                 R/o vill - Lakshmanpur (Poliya Khas), P.S.- Narhi, Distt.- Baliya, U.P.

                                                                              ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Priti Gupta W/o Raj Kamal Gupta R/o vill - Lakshmanpur (Poliya Khas),
                 P.S.- Narhi, Distt.- Baliya (U.P.), at present D.K. College road, Dumraon,
                 PS.- Dumraon, Distt.- Buxar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Ravi Shankar Pathak, Advocate
                 For the Opposite Party/s :     Mr. Anil Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   24-04-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. This petition has been filed for modification of

                   order dated 22.01.2025, passed in Cr. Misc. No. 39418/2024 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

                   petitioner to surrender and furnish bail-bond before the

                   concerned Court where the case is pending, subject to deposit of

                   Rs. 10,000/- (Rupees ten thousand) in the office of concerned

                   District Legal Services Authority and to furnish its receipt with
              Patna High Court CR. MISC. No.29106 of 2026(2) dt.24-04-2026
                                                          2/2




                        the bail-bond. This amount may be utilized by the 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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