Patna High Court
Shanti Kumari alias Shanti Kumari Vyas and othersversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The Court extended the time for surrender by four weeks, keeping all other conditions of the earlier order unchanged.
Summary
The petitioners, Shanti Kumari and others, filed an application seeking a modification of a prior order dated 2 December 2025 which had granted them a limited period to surrender before the Special Judge under the S.C./S.T. (POA) Act in connection with Bithan P.S. Case No. 148 of 2016 and to furnish bail bonds. They claimed unavoidable circumstances prevented surrender within the stipulated time and requested an additional four‑week extension. The Court examined the petitioners’ explanation and found them ready to comply with the original directions. Consequently, the Court was inclined to grant the requested extension. The application was allowed, extending the surrender period by four weeks from the date of the order, while all other terms of the earlier order remained unchanged.
Issues considered
- Whether the petitioners may be granted an additional period to surrender before the Special Judge under the S.C./S.T. (POA) Act
- Whether the conditions of the earlier order should remain unchanged apart from the time extension
Legislation cited
Subjects
- bail
- surrender
- time extension
- criminal appeal
- Special Judge
- SC/ST Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36759 of 2026
In
CRIMINAL APPEAL (SJ) No.5332 of 2023
Arising Out of PS. Case No.-148 Year-2016 Thana- BITHAN District- Samastipur
======================================================
Shanti Kumari @ Shanti Kumari Vyas & Ors.
... ... Petitioner/s
Versus
The State of Bihar & Anr.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Ranjan
For the Opposite Party/s : Mr. Jagdhar Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-06-2026 Heard the learned counsel for the petitioners and the
learned counsel for the State.
2. The present application has been filed seeking
modification of the order dated 02.12.2025 passed by this Court
in Criminal Appeal (SJ) No. 5332 of 2023, to the limited extent
of extending the time granted to the petitioners for surrendering
before the learned Special Judge, S.C./S.T. (POA) Act,
Samastipur, in connection with Bithan P.S. Case No. 148 of
2016 and furnishing the bail bond, by a further period of four
weeks.
3. Learned counsel for the petitioners submits that the
petitioners could not surrender within the time stipulated in the
aforesaid order due to unavoidable circumstances. It is further
Patna High Court CR. MISC. No.36759 of 2026(2) dt.30-06-2026
2/2
submitted that the petitioners are ready and willing to comply
with the directions contained in the order dated 02.12.2025 and,
therefore, a further period of four weeks may be granted for the
said purpose.
4. Having considered the submissions advanced on
behalf of the parties and the reasons stated in the present
application, this Court is inclined to extend the time granted for
surrender.
5. Accordingly, the present application is allowed. The
time granted to the petitioners by the order dated 02.12.2025
passed in Criminal Appeal (SJ) No. 5332 of 2023 for
surrendering before the learned Court below in connection with
Bithan P.S. Case No. 148 of 2016 and furnishing the requisite
bail bonds is extended by a further period of four weeks from
today.
6. It is made clear that all other terms and conditions
contained in the order dated 02.12.2025 passed in Criminal
Appeal (SJ) No. 5332 of 2023 shall remain unchanged.
(Sandeep Kumar, J)
Shishir/-
U T
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