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Patna High Court

Kumar RishabhversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court modified the earlier order, granting a six‑week extension for surrender subject to a Rs 5,000 deposit with the District Legal Services Authority and submission of the receipt with the bail‑bond.

Summary

The petitioner, Kumar Rishabh, filed a petition (Cr. Misc. No.33401 of 2025) seeking modification of an earlier order dated 07.01.2025 that had extended the period for surrender in a criminal case. The petition argued that further time was required to surrender and furnish a bail‑bond. The Patna High Court, after hearing counsel, granted an additional six‑week extension, subject to the petitioner depositing Rs 5,000 with the District Legal Services Authority and furnishing the receipt with the bail‑bond. Accordingly, the earlier order was modified to reflect these conditions. The court allowed the modification petition, illustrating its discretion to adjust procedural timelines in bail matters with reasonable safeguards.

Issues considered

  • Whether the court may modify an earlier order extending the period for surrender in a criminal case
  • Whether imposing a monetary deposit and receipt requirement is a valid condition for granting further extension

Subjects

  • bail
  • modification of order
  • surrender
  • criminal miscellaneous
  • high court
  • deposit
  • legal services authority

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33401 of 2025
                                              In
                              CRIMINAL MISCELLANEOUS No.46511 of 2024
                   Arising Out of PS. Case No.-1241 Year-2022 Thana- COMPLAINT CASE - DANAPUR
                                                      District- Patna
                 ======================================================
                 Kumar Rishabh S/O Late Kamlesh Prasad Resident of B491/Sector-3, HEC
                 Colony, Post-Dhurwa, P.S.- Dhurwa, District- Ranchi, Jharkhand

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner    :       Mr. Alok Kumar, Advocate
                 For the State         :       Mr. Shailendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   09-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. This petition has been filed for modification of

                   order dated 07.01.2025 passed in Cr. Misc. No. 46511 of 2024

                   by this Court to the extent of extension of period to surrender.

                                3. In view of reasons assigned in the petition, further

                   six 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. 5,000/-

                   (Rupees Five Thousand) to the concerned District Legal

                   Services Authority and to furnish its receipt with the bail-bond.

                                4. Accordingly, order dated 07.01.2025 passed in Cr.
             Patna High Court CR. MISC. No.33401 of 2025(3) dt.09-01-2026
                                                         2/2




                       Misc. No. 46511 of 2024 is modified to the above extent and this

                       modification petition is allowed.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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