Patna High Court
Chinta DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PARTHA SARTHY
Holding
The court may modify the bail condition and extend the surrender deadline to avoid prejudice to the petitioner.
Summary
The petitioners, six women from Kolodihari, were granted bail in Chaori P.S. case no. 85 of 2025 with a condition to surrender within four weeks, i.e., by 17 October 2025. Petitioner No. 2, Rinki Kumari, could not surrender within the stipulated period due to reasons beyond her control and filed an application under Cr. Misc. No. 3169 of 2026 seeking modification of the bail order. The court examined whether the surrender deadline imposed in a bail order could be altered when compliance becomes impossible for the petitioner. After hearing counsel, the court held that the bail condition could be modified to prevent prejudice to the petitioner. Accordingly, the surrender deadline was extended to 13 March 2026 while the remainder of the original bail order remained unchanged. The application was allowed.
Issues considered
- Whether the court may extend or modify the surrender deadline imposed in a bail order when the petitioner is unable to comply due to reasons beyond her control
Subjects
- bail
- surrender deadline
- modification of bail order
- criminal procedure
- Patna High Court
- Criminal Miscellaneous
- petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3169 of 2026
In
CRIMINAL MISCELLANEOUS No.65303 of 2025
Arising Out of PS. Case No.-85 Year-2025 Thana- CHAORI District- Bhojpur
======================================================
1. Chinta Devi W/o Lallu Ram Resident of Village- Kolodihari, P.S. Chauri,
District- Bhojpur
2. Rinki Kumari @ Rinki Devi W/o Vinay Ram Resident of Village-
Kolodihari, P.S. Chauri, District- Bhojpur
3. Punam Devi @ Punam Kumari D/o Narad Ram Resident of Village-
Kolodihari, P.S. Chauri, District- Bhojpur
4. Sandhya Devi W/o Narad Ram Resident of Village- Kolodihari, P.S. Chauri,
District- Bhojpur
5. Bansanti Devi W/o Yogendra Ram Resident of Village- Kolodihari, P.S.
Chauri, District- Bhojpur
6. Taramuni Devi @ Sarmuna Devi W/o Sabha Ram @ Sama Ram Resident of
Village- Kolodihari, P.S. Chauri, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raju Kumar Singh, Advocate
For the Opposite Party/s : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 13-02-2026 1. Heard learned counsel for the parties.
2. The instant application has been filed praying for
modification of the order dated 17.9.2025 passed in Cr. Misc.
no. 65303 of 2025 wherein while granting bail to the petitioners
in connection with Chaori P.S. case no. 85 of 2025, the
petitioners including the petitioner no. 2 Rinki Kumari was
directed to surrender in the learned Court below within a period
Patna High Court CR. MISC. No.3169 of 2026(2) dt.13-02-2026
2/2
of four weeks ie by 17.10.2025.
3. Learned counsel for the petitioner submits that for
reasons beyond her control, as stated in detail in the petition, the
petitioner no.2 could not surrender within the time fixed by this
Court and as such the instant application.
4. Having heard learned counsel for the parties and
taking into consideration the contents of the petition, the prayer
made in the instant application is allowed.
5. The order dated 17.9.2025 passed in Cr. Misc. no.
65303 of 2025 granting bail to the petitioners in connection with
Chaori P.S. Case no. 85 of 2025, so far as it relates to petitioner
no. 2 Rinki Kumari @ Rinki Devi is modified to the extent that
the time granted therein for the petitioner to surrender is
extended upto 13.3.2026.
6. The remaining part of the order dated 17.9.2025
shall remain unchanged.
7. The application stands allowed to be above extent.
(Partha Sarthy, J)
Bibhash
U T
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