Patna High Court
Vikash Kumar SoniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petition for modification of the order is rejected, with the original order remaining in force, albeit with an eight‑week extension for surrender upon deposit of Rs.10,000.
Summary
The petitioner, Vikash Kumar Soni, filed a petition seeking modification of an earlier order that required him to pay Rs.5,000 as temporary relief to the State and to extend the period for surrender. He relied on a Supreme Court decision in Srikant Kumar @ Shrikant Yadav v. State of Bihar, which had quashed a similar order. The High Court held that the Supreme Court case was factually distinct and therefore did not merit modification of the present order. Consequently, the petition for modification was rejected, but the court granted an additional eight weeks for the petitioner to surrender and furnish a bail‑bond, subject to a deposit of Rs.10,000 to the District Legal Services Authority. The deposited amount may be used by the civil court for furniture and beautification of its premises.
Issues considered
- Whether the order directing payment of temporary relief/solace can be modified on the basis of the Supreme Court's decision in Srikant Kumar @ Shrikant Yadav v. State of Bihar.
- Whether the period for surrender can be extended under the circumstances of the present case.
Subjects
- modification of order
- temporary relief
- bail bond
- surrender extension
- Supreme Court precedent
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3915 of 2026
In
CRIMINAL MISCELLANEOUS No.49272 of 2025
Arising Out of PS. Case No.-160 Year-2025 Thana- KANTI District- Muzaffarpur
======================================================
Vikash Kumar Soni S/o Late Vinod Kumar Sah R/o village - Parav Pokhar,
P.S - Town, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. This petition has been filed for modification of
order dated 01.12.2025, passed in Cr. Misc. No. 49272/2025 to
the extent of removal of the condition of providing temporary
relief/solace, as directed and for extension of period of
surrender.
3. Learned counsel for the petitioner submits that vide
aforesaid order dated 01.12.2025 petitioner was directed to pay
Rs. 5,000/- as temporary relief/solace to the opposite party no. 2
but in light of SLP (Crl) no. (s) 13083/2023 Srikant Kumar @
Shrikant Yadav v. The State of Bihar and & Anr. wherein learned
Apex Court has quashed a similar order of this Court passed in
Patna High Court CR. MISC. No.3915 of 2026(2) dt.18-02-2026
2/2
Cr. Misc. No. 52739 of 2022 dated 17.07.2023, this petitioner
seeks necessary modification in the order in question.
4. This court does not find the aforesaid submission of
the petitioner satisfactory as the said order of the Hon’ble Apex
Court was made in the case of Srikant Kumar @ Shrikant Yadav
v. The State of Bihar and & Anr. which is different from the
present case and the order, seeking modification, was passed
under different and distinct circumstances. As such,
modification petition of the petitioner stands rejected.
5. However, further eight 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. 10,000/- (Rupees ten thousand) 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
Civil Court concerned in purchase of furniture and
beautification of the court premises.
(Prabhat Kumar Singh, J)
Navya/-
U T
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