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Patna High Court

Gayitri Devi @ Gaytri DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The bail surrender deadline may be extended, and the order dated 31.8.2020 is modified to grant an additional four‑week period for surrender.

Summary

The petitioner, Gayitri Devi, was granted bail in a case under section 30(a) of the Bihar Prohibition & Excise Act, 2016, with a direction to surrender to the lower court within eight weeks. She filed an application seeking modification of that surrender deadline, alleging that as a woman she could not comply within the stipulated period and that she was not arrested at the time of the alleged liquor seizure, being implicated only as the vehicle’s registered owner. The State opposed the application. The High Court, after hearing counsel, found that the petitioner had made out a case for modification and extended the surrender period by an additional four weeks, leaving the rest of the bail order unchanged. The application was allowed, thereby modifying the earlier order. The court also noted that the petitioner had deposited the required cost with the Legal Services Committee.

Issues considered

  • Whether the direction to surrender within eight weeks under the bail order can be modified on account of the petitioner's personal circumstances

Subjects

  • bail
  • modification of bail order
  • surrender deadline
  • Bihar Prohibition & Excise Act
  • gender considerations
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87472 of 2025
                                              In
                              CRIMINAL MISCELLANEOUS No.7901 of 2020
                        Arising Out of PS. Case No.-66 Year-2019 Thana- DARIHAT District- Rohtas
                 ======================================================
                 Gayitri Devi @ Gaytri Devi W/O Nandu Yadav @ Nandu Dev Yadav R/O
                 Vinod Nagar, Hirapur, P.S- Dhanbad, Distt.- Dhanbad (Jharkhand).
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Jitendra Kumar Giri, Advocate
                                                   Ms. Neha Kumari Giri, Advocate
                 For the Opposite Party/s :        Mr.Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   16-01-2026                    Heard learned counsel for the parties.

                                 2. The instant application has been filed praying for the

                   modification of the order dated 31.8.2020 passed in Cr. Misc.

                   no.7901 of 2020 whereby while granting bail to the petitioner in

                   connection with Darihat P.S. Case no.66 of 2019 registered under

                   section 30 (a) of the Bihar Prohibition & Excise Act, 2016, the

                   petitioner was directed to surrender in the learned Court below

                   within a period of eight weeks.

                                 3. It is submitted by learned counsel for the petitioner

                   that as explained in the petition, the petitioner who happens to be a

                   lady could not surrender within the time fixed by this Court and as

                   such the instant application for modification. Even on merits it is

                   submitted that the petitioner was not arrested on the spot when

                   the alleged seizure of the liquor took place and has been falsely
             Patna High Court CR. MISC. No.87472 of 2025(3) dt.16-01-2026
                                                         2/2




                       implicated in the case only for the reason that she happened to

                       be a registered owner of the vehicle in question. Learned

                       counsel finally submits that as directed by this Court, cost of Rs.

                       5,000/- has been deposited with the Patna High Court Legal

                       Services Committee vide receipt no.2882 dated 9.1.2026.

                                    4. The application is opposed by learned A.P.P. for the

                       State.

                                    5. Having heard learned counsel for the parties and

                       having perused the contents of the petition, the Court is of the

                       opinion that the petitioner has made out a case for modification

                       of the order dated 31.8.2020.

                                    6. The order dated 31.8.2020 passed in Cr. Misc. no.

                       7901 of 2020 is modified to the extent that the period directing

                       the petitioner to surrender in the learned Court below as stated

                       therein is extended by a further period of four weeks from today.

                       The remaining part of the order dated 31.8.2020 shall remain

                       unchanged.

                                    7. The application stands allowed to the above extent.



                                                   (Partha Sarthy, J)
Shiv/-

U        T


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