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Patna High Court

Kush Kumar @ KushversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court allowed the modification petition, extending the surrender period by six weeks subject to a Rs.10,000 deposit with the District Legal Services Authority.

Summary

The petitioner, Kush Kumar, filed a petition seeking modification of an earlier order dated 23.05.2024 that required him to surrender and furnish a bail bond. The petitioner argued for additional time to comply with the surrender requirement. The Court considered the petition and, noting the reasons presented, granted an extension of six weeks from the date of the order. The extension was conditioned upon the petitioner depositing Rs.10,000 each with the concerned District Legal Services Authority and furnishing the receipt along with the bail bond. The Court further directed that the deposited amount may be used by the civil court for purchasing furniture and beautifying court premises. Consequently, the modification petition was allowed, altering the original order accordingly.

Issues considered

  • Whether the Court may modify its earlier order granting a period for surrender and bail bond filing
  • Whether imposing a monetary deposit as a condition for the extension is permissible

Subjects

  • bail
  • surrender
  • modification of order
  • criminal procedure
  • legal services authority
  • court premises beautification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86712 of 2025
                                              In
                              CRIMINAL MISCELLANEOUS No.33003 of 2024
                        Arising Out of PS. Case No.-294 Year-2023 Thana- NADI P.S. District- Patna
                 ======================================================
                 Kush Kumar @ Kush S/O Ram Pravesh Rai R/O Village- Jethuli, P.S- Nadi,
                 Distt.- Patna.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Jay Ram Prasad , Advocate
                 For the Opposite Party/s :        Mr. Kalyan Shankar , 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 23.05.2024 passed in Cr. Misc. No. 33003 of 2024

                   by 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. 10,000/-

                   (Rupees Ten Thousand) each to the concerned District Legal

                   Services Authority and to furnish its receipt with the bail-bond.

                   This amount may be utilized by the Civil court concerned in

                   purchase of furniture and beautification of the Court premises.
            Patna High Court CR. MISC. No.86712 of 2025(2) dt.09-01-2026
                                                        2/2




                                   4. Accordingly, order dated 23.05.2024 passed in Cr.

                      Misc. No. 33003 of 2024 is modified to the above extent and

                      this modification petition is allowed.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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