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Patna High Court

Dipak PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The modification petition is allowed subject to payment of Rs.1,000 and the surrender period is extended by four weeks.

Summary

The petitioner, Dipak Paswan, filed a petition seeking modification of an earlier order that had extended his time to surrender and furnish a bail bond in a case under the Bihar Prohibition and Excise Act. The original order, dated 17‑02‑2026, granted a further four‑week extension. The court examined whether the extension could be altered and whether any conditions should be imposed. It held that the modification petition should be allowed, but conditioned the order on the petitioner paying Rs.1,000 to the Patna High Court Legal Services Committee. Consequently, the surrender period was further extended by another four weeks from the date of the order.

Issues considered

  • Whether the order extending the surrender period and bail bond can be modified
  • Whether the petitioner must pay a fee to the Legal Services Committee as a condition for modification

Subjects

  • bail
  • surrender
  • modification of order
  • Bihar Prohibition and Excise Act
  • legal services fee

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30715 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.8435 of 2026
                  Arising Out of PS. Case No.-108 Year-2023 Thana- MOTIHARI MUFASIL District- East
                                                       Champaran
                 ======================================================
                 Dipak Paswan S/o Bishwanath Paswan Resident of village - Daroga tola, P.s.-
                 Banjariya, Distt.- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Manoj Kumar, Advocate
                 For the Opposite Party/s :      Mr.Umanath Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   01-05-2026                    Heard the parties.

                                2. The present petition has been preferred for

                   modification of the order dated 17.02.2026 passed in Cr. Mise.

                   No. 8435/2026 passed by this Court for extension of further

                   four weeks time to surrender and to furnish bail bond in

                   connection with Motihari Mufasil P.S. Case No. 108 of 2023

                   registered under sections 30(a), 32, 41(1) of the Bihar

                   Prohibition and Excise Act.

                                3. For the reasons assigned in the different,

                   paragraphs the modification petition               is allowed subject to

                   payment of Rs.1000/- with the Patna High Court Legal Services
             Patna High Court CR. MISC. No.30715 of 2026(2) dt.01-05-2026
                                                         2/2




                       Committee.

                                    4. The period of surrender is further extended by four

                       weeks from today.

                                                      (Rajiv Roy, J)
Ravi/-

U        T


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