Patna High Court
Mithu PatelversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petition for modification is allowed, extending the surrender period by six weeks subject to a Rs. 30,000 deposit and submission of the bail‑bond receipt.
Summary
Mithu Patel filed a petition seeking modification of an earlier order dated 23.08.2022 that had set a deadline for his surrender in a criminal miscellaneous case. The petitioner argued for additional time to surrender and to furnish a bail bond. The High Court, after hearing counsel, considered the reasons presented and granted a further six‑week extension from the date of the order. The extension was conditioned upon the petitioner depositing Rs. 30,000 with the District Legal Services Authority and furnishing the receipt along with the bail bond. Consequently, the court modified the original order and allowed the petition for modification.
Issues considered
- Whether the High Court may modify the earlier order extending the period for surrender in the criminal miscellaneous case
- Whether imposing a condition of deposit with the District Legal Services Authority is permissible
Subjects
- bail
- surrender
- modification of order
- criminal miscellaneous
- legal services authority
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83778 of 2025
In
CRIMINAL MISCELLANEOUS No.39483 of 2022
Arising Out of PS. Case No.-60 Year-2022 Thana- GOVERNMENT OFFICIAL COMP.
District- East Champaran
======================================================
Mithu Patel S/O Madan Patel @ Madan Ray Ressident of Vill.- Hardiya, P.S-
Turkauliya, Distt. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Prateek Tandon, Advocate
For the State : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. This petition has been filed for modification of
order dated 23.08.2022 passed in Cr. Misc. No. 39483 of 2022
by a Co-ordinate Bench of this Court to the extent of extension
of period to surrender.
3. In view of reasons assigned in the petition, further
six weeks’ time from today is granted to the petitioner to
surrender and furnish bail-bond before the concerned Court
where the case is pending, subject to deposit of Rs. 30,000/-
(Rupees Thirty Thousand) to the concerned District Legal
Services Authority and to furnish its receipt with the bail-bond.
Patna High Court CR. MISC. No.83778 of 2025(2) dt.09-01-2026
2/2
4. Accordingly, order dated 23.09.2022 passed in Cr.
Misc. No. 39483 of 2022 is modified to the above extent and this
modification petition is allowed.
(Prabhat Kumar Singh, J)
shashank/-
U T
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