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Patna High Court

Somitra Shanker @ Somitra ShankarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that an eight‑week extension for surrender and bail bond may be granted subject to a deposit of Rs.10,000 with the District Legal Services Authority.

Summary

The petitioner, Somitra Shanker, filed a petition seeking modification of an earlier order dated 05.02.2025 in Criminal Miscellaneous No. 20535/2024, requesting additional time to surrender and furnish a bail bond. The petitioner argued for an extension beyond the original deadline. The High Court examined whether the court could lawfully extend the surrender period and impose conditions on such an extension. It held that an eight‑week extension could be granted, provided the petitioner deposits Rs.10,000 with the District Legal Services Authority and furnishes the receipt with the bail bond. The deposited amount may be utilized 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 petitioner is entitled to an extension of the period for surrender and furnishing a bail bond
  • Whether the court may condition the extension on a monetary deposit with the District Legal Services Authority

Subjects

  • modification of order
  • surrender
  • bail bond
  • extension of time
  • high court
  • criminal miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89737 of 2025
                                              In
                              CRIMINAL MISCELLANEOUS No.20535 of 2024
                 Arising Out of PS. Case No.-7103 Year-2022 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Somitra Shanker @ Somitra Shankar S/O Sushil Kumar Dubey R/O Village-
                 Musallahapur, P.S- Sultanganj, Distt.- Patna.

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Aditya Kumar S/O Arjun Prasad R/O Vilage- Milan Bhawan, Kala Manch
                 Compound, P.S- Gandhi Maidan, Distt.- Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Shovendra Kumar, Advocate
                 For the Opposite Party/s :     Mr. Satyendra Prasad, 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 05.02.2025, passed in Cr. Misc. No. 20535/2024 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

                   petitioners 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) in the office of concerned

                   District Legal Services Authority and to furnish its receipt with
              Patna High Court CR. MISC. No.89737 of 2025(2) dt.18-02-2026
                                                          2/2




                        the bail-bond. This amount may be utilized by the Civil Court

                        concerned in purchase of furniture and beautification of the

                        court premises.

                                     4. Accordingly, order dated 05.02.2025, passed in Cr.

                        Misc. No. 20535/2024 is modified to the extent indicated above.

                                     5. This modification petition stands allowed.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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