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Patna High Court

Nagendra MahtoversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Further extension of time is not possible.

Summary

The petitioner, Nagendra Mahto, was granted provisional bail on 26-09-2022 with a condition to deposit 50% of the total amount in six equal monthly installments. He failed to comply and sought an extension, which was granted on 15-03-2023 for an additional six months. Despite the extension, he again failed to make the required payments and filed another modification petition seeking further time. The Court examined whether another extension could be permitted given the petitioner's repeated non‑compliance. It held that further extension of time was not permissible. Consequently, the modification petition was rejected.

Issues considered

  • Whether a further extension of time for depositing the bail amount can be granted when the petitioner has repeatedly failed to comply with earlier orders

Subjects

  • provisional bail
  • extension of time
  • modification petition
  • non‑compliance
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87835 of 2025
                                              In
                              CRIMINAL MISCELLANEOUS No.12855 of 2022
                       Arising Out of PS. Case No.-435 Year-2021 Thana- WAJIRGANJ District- Gaya
                 ======================================================
                 Nagendra Mahto S/o Ramlal Mahto R/o Village- Budhaul, P.S- Wazirganj,
                 District -Gaya

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Sri Nishant Kumar, Junior Electrical Engineer, Electrical Supply Division,
                 Wazirganj, Gaya Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Prithivi Raj Singh, Adv.
                 For the State           :        Mr.Ahmad Ali, APP
                 For OP No. 2            :        Mr.Shrikant Sharan Singh, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   09-01-2026                     The provisional bail was granted to the petitioner

                   vide order dated 26.09.2022 in Cr. Misc. No. 12855 of 2022.

                   The petitioner did not adhere to his words and failed to deposit

                   50% of the total amount within six equal monthly installments,

                   as observed by this Court in the said order. Subsequently, Cr.

                   Misc. No. 12682 of 2023 was filed by the petitioner with a

                   prayer to extend the time for depositing that amount, as he could

                   not arrange the money. His prayer was allowed, and a further six

                   months’ time to deposit the amount was granted vide order

                   dated 15-03-2023. Still, the petitioner has not deposited the

                   amount and again filed this modification petition for extension
           Patna High Court CR. MISC. No.87835 of 2025(2) dt.09-01-2026
                                                       2/2




                     of time.

                                  2. Further extension of time is not possible.

                                  3. Accordingly, the modification petition is rejected.


                                          (Nawneet Kumar Pandey, J)

kundan/-

U      T


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