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Patna High Court

Amit KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that it may lawfully extend the surrender period by eight weeks on condition of a Rs 5,000 deposit with the District Legal Services Authority.

Summary

The petitioner Amit Kumar was directed to surrender and furnish a bail bond in Cr. Misc. No. 37021/2024. He filed a petition seeking modification of the order dated 13‑09‑2024 to obtain a further extension of the surrender period. The court examined whether the extension could be granted subject to conditions under the bail provisions. Relying on the discretion vested in the court to modify bail terms, the judge allowed an additional eight‑week period provided the petitioner deposited Rs 5,000 with the District Legal Services Authority and produced the receipt with the bail bond. The deposited amount may be used by the civil court for furniture and beautification of its premises. Consequently, the modification petition was allowed and the earlier order was altered accordingly.

Issues considered

  • Whether the court may extend the period of surrender under bail provisions
  • Whether imposing a deposit with the District Legal Services Authority is permissible

Subjects

  • bail
  • surrender
  • modification of order
  • criminal miscellaneous
  • District Legal Services Authority
  • extension of surrender period

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86749 of 2025
                                              In
                              CRIMINAL MISCELLANEOUS No.37021 of 2024
                      Arising Out of PS. Case No.-292 Year-2023 Thana- SHEOHAR District- Sheohar
                 ======================================================
                 Amit Kumar Son of Bhairav Prasad @ Baravi Prasad Resident of vill-
                 Nayagaon PS-Shyampur Bhatha Dist-Sheohar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Priyanka Singh, Advocate
                 For the Opposite Party/s :       Md. Shakir Ahmad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   18-02-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. This petition has been filed for modification of

                   order dated 13.09.2024, passed in Cr. Misc. No. 37021/2024 to

                   the extent of extension of period of surrender.

                                3. In view of reasons assigned in the modification

                   petition, further eight 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. 5,000/- (Rupees five thousand) in the office of 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
              Patna High Court CR. MISC. No.86749 of 2025(2) dt.18-02-2026
                                                          2/2




                        court premises.

                                     4. Accordingly, order dated 13.09.2024, passed in Cr.

                        Misc. No. 37021/2024 is modified to the extent indicated above.

                                     5. This modification petition stands allowed.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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