Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court allowed the modification petition, extending the surrender period by eight weeks subject to a Rs.5,000 deposit by each petitioner.
Summary
The petitioners, Nitish Kumar and Dinanath Sada, filed a petition under Cr. Misc. No. 5496 of 2026 seeking modification of an earlier order dated 22-09-2025 that required them to surrender. The petition pleaded for an extension of the surrender period. The Court, after hearing counsel, granted an additional eight weeks for surrender, conditioned upon each petitioner depositing Rs.5,000 with the District Legal Services Authority and furnishing the receipt with the bail bond. The deposited amount is to be used for civil court expenses related to furniture and beautification of court premises. Consequently, the modification petition was allowed, and the order was accordingly altered.
Issues considered
- Whether the order granting a surrender period can be modified to extend the time for surrender
- Whether the condition of depositing Rs.5,000 with the District Legal Services Authority is permissible
Subjects
- bail
- surrender
- modification of order
- high court
- deposit
- bail bond
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5496 of 2026
In
CRIMINAL MISCELLANEOUS No.49707 of 2025
Arising Out of PS. Case No.-76 Year-2023 Thana- BATHNAHA District- Sitamarhi
======================================================
1 . Nitish Kumar s/O- Lal Bihari Sada Resident of Village- Rupauli PS-
Bathnaha District- Sitamarhi
2. Dinanath Sada S/o- Udit Sada Resident of Village- Rupauli PS- Bathnaha
District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar , Advocate
For the Opposite Party/s : Mr. Amitesh Kumar , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 18-02-2026 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 22.09.2025 passed in Cr.Misc. No. 49707 of 2025
to the extent of extension of period of surrender.
3 . In view of reason 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. 5,000/- (Rupees 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.5496 of 2026(2) dt.18-02-2026
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)
Koushik/-
U T
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