Patna High Court
Sunil Kumar @ Sunil PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The court modified the provisional bail order, extending the surrender period by three weeks subject to a deposit of Rs.2000 to the District Legal Services Authority.
Summary
Sunil Kumar and Golu Kumar filed a petition seeking modification of the provisional bail order dated 22 July 2025, specifically requesting an extension of the surrender period. The High Court considered the grounds raised in the application and decided to extend the surrender period by three weeks from the date the order is received or produced, subject to a deposit of Rs.2000 to the District Legal Services Authority. The court modified the original bail order accordingly and disposed of the modification application. No other substantive issues were raised. The order reflects the court's discretion to alter bail conditions to ensure compliance.
Issues considered
- Whether the period of surrender under a provisional bail order can be extended by the court
- Whether imposing a monetary deposit as a condition for extending the surrender period is permissible
Subjects
- provisional bail
- modification of bail
- surrender period
- deposit condition
- District Legal Services Authority
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74374 of 2025
In
CRIMINAL MISCELLANEOUS No.10869 of 2025
Arising Out of PS. Case No.-181 Year-2023 Thana- SERGHATI COMPLAINT CASE
District- Gaya
======================================================
1. Sunil Kumar @ Sunil Prasad S/o Dwarika Lal Resident Of Village-
Roshanganj, Ps- Roshanganj, Dist- Gaya
2. Golu Kumar @ Sahil Raj S/o Sunil Kumar @ Sunil Prasad Resident Of
Village- Roshanganj, Ps- Roshanganj, Dist- Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Bahadur Shah Nayar S/o Md. Sahabuddin Khan R/o vill - Belhari, P.S.-
Roshanganj, Distt.- Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Md. Javed Jafar Khan, Advocate
For the State : Mr. Anant Kumar-1, APP
For O.P. No.2 : Mr. Praveen Kumar, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 09-01-2026 Heard learned counsel for the petitioner, learned
counsel for the opposite party no.2 and learned APP for the
State.
2. The present application has been filed for
modification of the order dated 22.07.2025 passed in Cr. Misc.
No.10869 of 2025 to the extent of extending the period of
surrender for adhering to the terms and conditions of provisional
bail granted vide order dated 22.07.2025.
3. On the grounds mentioned in para-4 of the
modification application, the period of surrender is extended by
Patna High Court CR. MISC. No.74374 of 2025(5) dt.09-01-2026
2/2
three weeks from the date of receipt/production of a copy of this
order in connection with Complaint Case No. 181 of 2023,
subject to deposit of sum of Rs.2000/- (Rupees Two Thousand)
in the account of concerned District Legal Services Authority.
4. The order dated 22.07.2025 is modified to the
extent as indicated above.
5. Accordingly, this modification application stands
disposed of.
(Soni Shrivastava, J)
Trivedi/-
U T
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