Created by Fuzzy Cloud

Patna High Court

Raj Kumar @ Raj Kumar RaiversusThe State of Bihar

Decided
Disposal
ALLOWED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.