Patna High Court
Raj Kumar @ Raj Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that the surrender period may be extended by eight weeks, subject to a deposit of Rs.50,000 and furnishing of a bail bond.
Summary
Petitioners Raj Kumar and Mukesh Kumar filed applications seeking modification of a combined order dated 23 July 2018 that set a deadline for surrender in pending criminal miscellaneous cases. They requested an extension of the surrender period and were required to furnish a bail bond. The High Court examined the reasons presented by the petitioners for needing more time. The Court found the reasons satisfactory and granted an additional eight weeks for surrender. It also conditioned the extension on each petitioner depositing Rs.50,000 with the District Legal Services Authority and furnishing the receipt along with the bail bond. Consequently, the earlier order was modified and the petition was allowed.
Issues considered
- Whether the surrender deadline imposed in the 23 July 2018 order can be extended
- Whether the Court may impose a monetary deposit and bail‑bond condition as a prerequisite for the extension
Subjects
- bail
- surrender
- modification of order
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81039 of 2025
In
CRIMINAL MISCELLANEOUS No.39213 of 2018
Arising Out of PS. Case No.-881 Year-2015 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Raj Kumar @ Raj Kumar Rai S/O Kalafdeo Rai R/O Vill.- Gulmahiyachak,
P.S.- Didarganj, Dist.- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Md. Shakur S/O late Md. Ishmaile R/O Sadargali, Bengali Tola, P.S.-
Khajekalan, Dist.- Patna.
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 81041 of 2025
In
CRIMINAL MISCELLANEOUS No.39137 of 2018
Arising Out of PS. Case No.-881 Year-2015 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Mukesh Kumar S/O Hanuman Prasad R/O Vill.- Gulmahiyachak, P.S.-
Didarganj, Dist.- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Md. Murshid S/O late Md. Shakur R/O Sadargali, Bengali Tola, P.S.-
Khajekalan, Dist.- Patna.
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 81039 of 2025)
For the Petitioner : Mr. Rudal Singh, Advocate
For the State : Mr. Shailendra Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 81041 of 2025)
For the Petitioner : Mr. Rudal Singh, Advocate
For the State : Mr. Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 27-02-2026 Heard learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.81039 of 2025(3) dt.27-02-2026
2/2
petitioners and learned APPs appearing on behalf of the State.
2. This application has been filed for modification of
the combined order dated 23.07.2018 passed in Cr. Misc. No.
39137 of 2018 and Cr. Misc. No. 39213 of 2018 by this Court to
the extent of extension of period to surrender.
3. In view of reasons assigned in the petition, further
eight weeks’ time from today is granted to the petitioners, above
named, to surrender and furnish bail-bond before the concerned
Court where the case is pending, subject to deposit of Rs.
50,000/- (Rupees Fifty Thousand) each to the concerned
District Legal Services Authority and to furnish its receipt with
the bail-bond.
4. Accordingly, order dated 23.07.2018 passed in Cr.
Misc. No. 39137 of 2018 and Cr. Misc. No. 39213 of 2018 is
modified to the above extent and this modification petition is
allowed.
(Prabhat Kumar Singh, J)
shashank/-
U T
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