Patna High Court
ABUZAR GAFFARI @ ABUZARversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court allowed the modification, extending the surrender period by eight weeks subject to a Rs 5,000 deposit with the District Legal Services Authority.
Summary
Abuzar Gaffari filed a petition seeking modification of an earlier order dated 30‑08‑2025 that required him to surrender and furnish a bail‑bond. He requested an additional eight‑week period to surrender, subject to depositing Rs 5,000 with the District Legal Services Authority. The court considered the reasons presented and exercised its discretion to extend the surrender period, imposing the stipulated deposit condition. The order dated 30‑08‑2025 was accordingly modified to allow the eight‑week extension and the deposit requirement. The petition for modification was allowed, thereby granting the relief sought by the petitioner.
Issues considered
- What is the scope of the court's power to modify an order granting bail and to extend the period for surrender?
- Whether imposing a condition of depositing Rs 5,000 with the District Legal Services Authority is permissible in a modification order.
Subjects
- bail
- surrender
- modification of order
- criminal miscellaneous
- deposit
- District Legal Services Authority
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87446 of 2025
In
CRIMINAL MISCELLANEOUS No.58000 of 2025
Arising Out of PS. Case No.-22 Year-2023 Thana- COMPLAINT CASE District- Araria
======================================================
ABUZAR GAFFARI @ ABUZAR S/o Jainuddin Marhum R/o vill - P.T.
Dumaria, ward no. 9, P.s.- Mahalgaon, Distt.- Araria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Md. Izhar S/o Md. Jumman R/o vill - Chaugharia, ward no. 9, P.S. and
Distt.- Araria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kishore Bharti, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, 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 30.08.2025, passed in Cr. Misc. No. 58000/2025 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
Patna High Court CR. MISC. No.87446 of 2025(2) dt.18-02-2026
2/2
concerned in purchase of furniture and beautification of the
court premises.
4. Accordingly, order dated 30.08.2025, passed in Cr.
Misc. No. 58000/2025 is modified to the extent indicated above.
5. This modification petition stands allowed.
(Prabhat Kumar Singh, J)
Navya/-
U T
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