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Patna High Court

Smt. Palak Bharti @ Palak BhartiversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court extended the surrender period by four weeks, subject to a Rs.20,000 deposit to the District Legal Services Authority.

Summary

Petitioner Palak Bharti, who had been granted anticipatory bail on 18 July 2022, was unable to surrender and furnish the required bail bond within the stipulated time because of illness. She filed a modification application seeking an extension of the surrender period. The Patna High Court, after hearing the parties, allowed the application and extended the surrender deadline by four weeks, conditional upon a deposit of Rs.20,000 to the District Legal Services Authority. The petitioner must produce the receipt of this deposit at the time of surrender. The modification application was consequently disposed of.

Issues considered

  • Whether the time granted for surrender and furnishing a bail bond under an anticipatory bail order can be extended on account of the petitioner's illness
  • Whether imposing a monetary deposit condition is permissible for such an extension

Subjects

  • anticipatory bail
  • modification of order
  • bail bond
  • illness
  • extension of time
  • District Legal Services Authority

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3815 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.42493 of 2021
                 Arising Out of PS. Case No.-31 Year-2020 Thana- CHOUTARWA District- West Champaran
                 ======================================================
                 Smt. Palak Bharti @ Palak Bharti wife of Alok Kumar Ram Resident of
                 Village -Siktaur, P.S. -Chautarwa, District -West Champaran.
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Umesh Prasad, Adv.
                 For the Opposite Party/s :      Mr.Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   30-01-2026                   Heard the parties.

                                2. The present application has been filed for modification

                   of order dated 18.07.2022 passed in Cr. Misc. No. 42493 of 2021 by

                   which the petitioner was granted anticipatory bail but petitioner

                   could not surrender and furnish bail bond within the stipulated time

                   due to illness.

                                3.    For the reasons disclosed in the application, it is

                   allowed and the time granted by order dated 18.07.2022, passed

                   in Cr. Misc. No. 42493 of 2021 for surrender of the petitioner and

                   furnishing bail bond is extended by four weeks from today,

                   subject to deposit of Rs. 20,000/- to the District Legal Services

                   Authority. At the time of surrender, the petitioner shall furnish

                   the receipt showing deposit of Rs. 20,000/- to the District

                   Legal Services Authority.
           Patna High Court CR. MISC. No.3815 of 2026(2) dt.30-01-2026
                                                       2/2




                                  4. Accordingly, the present modification application

                     stands disposed of.


                                          (Nawneet Kumar Pandey, J)

Nirmal/-
U      T


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