Patna High Court
SAHENDRA YADAVversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court allowed the modification petition, granting an eight‑week extension for surrender subject to a deposit of Rs. 25,000 each.
Summary
The petitioners, Sahendra Yadav and his son Bosh Yadav, filed a petition seeking modification of the order dated 05-03-2021 in Criminal Appeal (SJ) No. 695/2020, which had set a deadline for their surrender. They requested an additional eight weeks to surrender and to furnish a bail bond, citing reasons detailed in the petition. The Court examined whether it could extend the surrender period and impose a condition of depositing Rs. 25,000 each with the District Legal Services Authority. Considering the petitioners' circumstances and the statutory discretion to modify procedural orders, the Court granted the requested extension. The order was modified to allow eight more weeks for surrender, subject to the stipulated deposit, and the modification petition was allowed.
Issues considered
- Whether the High Court can modify the earlier order to extend the period for surrender in a criminal appeal
- Whether imposing a condition of depositing Rs. 25,000 each with the District Legal Services Authority is permissible
Subjects
- bail
- surrender
- modification of order
- criminal procedure
- high court
- deposit
- court premises beautification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36906 of 2024
In
CRIMINAL APPEAL (SJ) No.695 of 2020
Arising Out of PS. Case No.-103 Year-2017 Thana- KUTUMBA District- Aurangabad
======================================================
1. Sahendra Yadav S/o Bhupal Yadav R/o vill - Labhari Bigha, P.S. - Kutumba,
Distt. - Aurangabad (Bihar)
2. Bosh Yadav @ Bosh Kumar @ Jitendra Kumar S/o Sahendra Yadav R/o vill
- Labhari Bigha, P.S. - Kutumba, Distt. - Aurangabad (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Madhura Nand Jha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 27-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. This petition has been filed for modification of
order dated 05.03.2021, passed in Cr. Appeal (SJ) No. 695/2020
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
petitioners to surrender and furnish bail-bond before the
concerned Court where the case is pending, subject to deposit of
Rs. 25,000/- (Rupees twenty five thousand) each in the office of
concerned District Legal Services Authority and to furnish its
receipt with the bail-bond. This amount may be utilized by the
Patna High Court CR. MISC. No.36906 of 2024(3) dt.27-02-2026
2/2
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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