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Patna High Court

Shailendra KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court modified the earlier order, granting a six‑week extension for surrender subject to a Rs.5,000 deposit to the District Legal Services Authority.

Summary

The petitioner, Shailendra Kumar, filed a petition seeking modification of an earlier order dated 10-10-2025 which had set a deadline for his surrender in a criminal miscellaneous case. The petition argued for an additional six weeks to surrender and to furnish a bail-bond. The Court, after hearing counsel for both parties, granted the requested extension, conditioning it on a deposit of Rs.5,000 to the District Legal Services Authority. The deposited amount may be used by the civil court for furniture and beautification of its premises. Consequently, the original order was modified to reflect the new surrender deadline and the deposit condition, and the petition was allowed.

Issues considered

  • What is the appropriate period to be granted for the petitioner to surrender and furnish bail-bond?
  • Is the imposition of a monetary deposit to the District Legal Services Authority permissible as a condition for extending the surrender period?

Subjects

  • bail
  • surrender
  • modification of order
  • criminal miscellaneous
  • deposit condition
  • District Legal Services Authority
  • extension of time

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90823 of 2025
                                              In
                              CRIMINAL MISCELLANEOUS No.67974 of 2024
                  Arising Out of PS. Case No.-715 Year-2024 Thana- EAST CHAMPARAN COMPLAINT
                                                District- East Champaran
                 ======================================================
                 Shailendra Kumar S/o Sachchidanad Bhagat @ Kanhaiya Bhagat R/o vill-
                 Bijbani, Ps- Jitna, District- East Champaran

                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Rajesh Kumar , Advocate
                 For the Opposite Party/s :    Mr. Upendra Kumar , APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-01-2026                    Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State .

                                2. This petition has been filed for modification of

                   order dated 10.10.2025 passed in Cr. Misc. No. 67974 of 2024

                   by this Court to the extent of extension of period to surrender.

                                3 . In view of reasons assigned in the petition, further

                   six 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) to the concerned District Legal

                   Services Authority and to furnish its receipt with the bail-bond.

                   This amount may be utilized by the Civil court concerned in
            Patna High Court CR. MISC. No.90823 of 2025(2) dt.09-01-2026
                                                        2/2




                      purchase of furniture and beautification of the Court premises.

                                   4. Accordingly, 10.10.2025 passed in Cr. Misc. No.

                      67974      of    2024 is modified to the above extent and this

                      modification petition is allowed.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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