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Patna High Court

Mithu PatelversusThe State of Bihar

Decided
Disposal
ALLOWED

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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