Patna High Court
Parmila DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PARTHA SARTHY
Holding
The court allowed the extension of the surrender period by four weeks, modifying the earlier bail order.
Summary
The petitioners, Parmila Devi, Suresh Mahto and Rahul Kumar, were granted bail on 15 October 2025 in Criminal Miscellaneous No.39621, with a condition to surrender to the lower court by 12 November 2025. They were unable to surrender within the stipulated period and filed an application on 28 November 2025 seeking a modification of the bail order to extend the surrender deadline. The State opposed the application, alleging that the petitioners were filing false cases and that the reasons offered were unsupported. After hearing both sides, the High Court held that the petitioners' prompt filing of the application justified granting an extension. Consequently, the court modified the original order, extending the surrender period by four weeks while leaving the rest of the bail order unchanged.
Issues considered
- Whether the time granted for surrender under a bail order can be extended upon application by the bail‑granted parties
- Whether the petitioners' reasons for failing to surrender within the original time are sufficient to merit an extension
Subjects
- bail
- extension of time
- surrender
- criminal miscellaneous
- modification of order
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.431 of 2026
In
CRIMINAL MISCELLANEOUS No.39621 of 2025
Arising Out of PS. Case No.-130 Year-2025 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
1. Parmila Devi Wife of Suresh Mahto Resident of Village- Rahimpur Rudauli,
P.S.- Samastipur Muffasil, District- Samastipur
2. Suresh Mahato Son of Late Rajendra Mahto Resident of Village- Rahimpur
Rudauri, P.S.- Samastipur Muffasil, District- Samastipur
3. Rahul Kumar Son of Suresh Mahto Resident of Village- Rahimpur Rudauli,
P.S.- Samastipur Muffasil, District- Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Vinod Kumar Bishundeo Rai Resident of Village- Rahimpur Rudauli, P.S.-
Samastipur Muffasil, District- Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Shanker Singh, Advocate
Mr. Barun Kumar Singh, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
Mr. Kundan Kumar, Advocate
Mr. Anshuman Dheer, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 16-01-2026 Heard learned counsel for the parties.
2. The instant application has been filed praying for
modification of the order dated 15.10.2025 passed in Cr. Misc.
no.39621 of 2025 granting bail to the petitioner in connection
with Samastipur Muffasil P.S. Case no.130 of 2025 and for
extending the time granted therein for the petitioner to surrender
in the learned Court below.
3. It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.431 of 2026(2) dt.16-01-2026
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that the time granted vide order dated 15.10.2025 having
expired on 12.11.2025, the petitioners could not surrender in the
learned Court below for the reasons as mentioned in the petition
filed. As such the instant application was filed soon thereafter
on 28.11.2025. It is further submitted that the Courts also being
closed for the period of two weeks in the month of November,
2025, the bonafides of the petitioners can be judged from the
promptness on which the instant application for extension of
time has been filed.
4. The application is opposed by learned APP for the
State and learned counsel appearing for the opposite party no.2.
Learned counsel for the opposite party no.2 submits that the
petitioners have been pursuing false cases and getting them
registered against the opposite party no.2. The reasons
mentioned in the petition and especially in paragraph no.2 is
neither justified nor supported with any supporting documents.
It is submitted that even if the Court is inclined to allow the
instant application, the same be allowed with heavy cost.
5. Having heard learned counsel for the parties and
having perused the contents of the petition, the prayer made in
the instant application is allowed.
6. The order dated 15.10.2025 passed in Cr. Misc.
Patna High Court CR. MISC. No.431 of 2026(2) dt.16-01-2026
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no.39621 of 2025 is modified to the extent that the time granted
to the petitioners to surrender in the learned Court below is
extended by a further period of four weeks from today. The
remaining part of the order dated 15.10.2025 passed in Cr. Misc.
no.39621 of 2025 shall remain unchanged.
7. The application stands allowed to the above extent.
(Partha Sarthy, J)
Shiv/-
U T
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