Patna High Court
Harendra ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR PANDEY
Holding
The Court extended the surrender period by six weeks, modifying the earlier bail order.
Summary
Petitioners Harendra Manjhi and Shobha Devi were ordered by the Patna High Court on 28 May 2025 to surrender within six weeks and furnish bail bonds in connection with an excise case (Kotwa PS Case No. 15 of 2022). They failed to do so because they were residing outside Bihar for livelihood and faced communication gaps, which they claimed were not deliberate. They filed an application on 18 February 2026 seeking a further six‑week extension for surrender and bail bond furnishing, offering an unconditional apology. The Additional Public Prosecutor raised no objection to the request. Considering the bona‑fide reasons for non‑compliance, the Court extended the surrender period by six weeks on the same terms as the original order and ordered the petitioners to pay a nominal cost, thereby allowing the modification application.
Issues considered
- Whether the High Court can modify its earlier bail order to extend the time for surrender and furnishing bail bonds on grounds of bona‑fide inability to comply.
Subjects
- bail
- modification of order
- extension of time
- surrender
- criminal miscellaneous
- high court
- excise case
- bona fide reasons
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7284 of 2026
In
CRIMINAL MISCELLANEOUS No.35340 of 2025
Arising Out of PS. Case No.-15 Year-2022 Thana- KOTWA District- East Champaran
======================================================
1. Harendra Manjhi S/o- Puran Manjhi R/v- Kalyanpur Khas Ps- Kotwa Dist-
East Champaran
2. Shobha Devi W/o- Sub Lala Manjhi R/v- Kalyanpur Khas Ps- Kotwa Dist-
East Champaran
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mrs. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
3 18-02-2026 This application has been filed for modification of the
order dated 28.05.2025 passed in Criminal Miscellaneous No.
35340 of 2025 seeking extension of time to surrender and to
furnish bail bonds of the petitioners.
2. Heard learned counsel for the petitioners and
learned Additional Public Prosecutor appearing for the State.
3. Learned counsel for the petitioners submits that no
earlier application for modification of the order dated
28.05.2025 has been filed. It is further submitted that in terms of
the aforesaid bail order, the petitioners were required to
surrender within six weeks. However, the petitioners could not
Patna High Court CR. MISC. No.7284 of 2026(3) dt.18-02-2026
2/3
surrender within the stipulated period as they were residing
outside the State for earning their livelihood and due to
communication gap, they failed to comply with the direction of
this Court. It is submitted that the non-compliance was neither
deliberate nor intentional. The petitioners tender their
unconditional apology before this Court and pray for extension
of time for surrender and furnishing of bail bonds by a further
period of six weeks.
4. Learned Additional Public Prosecutor appearing for
the State has no objection to the prayer made on behalf of the
petitioners.
5. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, this
Court is satisfied that the petitioners could not comply with the
earlier order within the stipulated period due to bona fide
reasons. Accordingly, the time for surrender of the petitioners
for furnishing bail bonds is extended by a further period of six
weeks from today, on the same terms and conditions as
stipulated in the order dated 28.05.2025 passed in Criminal
Miscellaneous No. 35340 of 2025, in connection with Kotwa
P.S. Case No. 15 of 2022, to the satisfaction of the learned
Special Judge, Excise Court No.-1, Motihari, East Champaran,
Patna High Court CR. MISC. No.7284 of 2026(3) dt.18-02-2026
3/3
subject to payment of cost of Rs. 1,000/- (One Thousand). Cost
shall be remitted in the Lawyers’ Association Welfare
Benevolent Fund, Indian Bank, Branch-LNMI, Bailey Road,
Patna, IFSC No. IDIB000L501 having Bank Account No.
7801893276.
6. Accordingly, the order dated 28.05.2025 passed in
Criminal Miscellaneous No. 35340 of 2025 stands modified to
the extent indicated above.
7. The present modification application is,
accordingly, allowed.
8. Let a copy of this order be communicated to the
court of the learned Special Judge, Excise Court No.-1,
Motihari, East Champaran, in connection with Kotwa P.S. Case
No. 15 of 2022, for needful.
(Alok Kumar Pandey, J)
Nilmani/-
U T
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