Patna High Court
PRABHA DEVIversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court may extend the surrender period by eight weeks subject to a deposit of Rs 5,000 each with the District Legal Services Authority.
Summary
The petitioners, Prabha Devi and Rekha Devi, were directed by the Patna High Court in a criminal appeal to surrender and furnish a bail bond. They filed a petition under Cr. Misc. No.89740 of 2025 seeking modification of the order dated 10 July 2025 to extend the surrender period. The court, after hearing counsel, considered the reasons advanced and exercised its power to alter the terms of surrender. It granted an additional eight weeks for surrender, conditioned upon each petitioner depositing Rs 5,000 with the District Legal Services Authority and producing the receipt with the bail bond. The deposited amount may be used for purchase of furniture and beautification of court premises. Accordingly, the modification petition was allowed and the earlier order was modified.
Issues considered
- Whether the High Court can extend the period of surrender granted to the petitioners
- Whether imposing a condition of depositing Rs 5,000 with the District Legal Services Authority is permissible in a modification of surrender order
Subjects
- bail
- surrender
- modification of order
- criminal appeal
- high court
- district legal services authority
- extension of time
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89740 of 2025
In
CRIMINAL APPEAL (SJ) No.7 of 2024
Arising Out of PS. Case No.-80 Year-2022 Thana- PIPRAKOTHI District- East Champaran
======================================================
1. PRABHA DEVI W/o Bhagelu Raut Resident of village- Dhekha Kothi, Ps-
Piprakothi, District- East Champaran
2. Rekha Devi @ Gayatri Devi W/o Chanchal Raut Resident of village-
Dhekha Kothi, Ps- Piprakothi, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ujjwal Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. This petition has been filed for modification of
order dated 10.07.2025, passed in Cr. Appeal (SJ) No. 7/2024 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. 5,000/- (Rupees five thousand) each 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
Patna High Court CR. MISC. No.89740 of 2025(2) dt.18-02-2026
2/2
Civil Court concerned in purchase of furniture and
beautification of the court premises.
4. Accordingly, order dated 10.07.2025, passed in Cr.
Appeal (SJ) No. 7/2024 is modified to the extent indicated
above.
5. This modification petition stands allowed.
(Prabhat Kumar Singh, J)
Navya/-
U T
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