Punam Kumari @ Punam Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Punam Kumari @ Punam Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Two weeks’ further time extended to the petitioner to surrender before the learned Trial Court on or before 02.05.2025, on furnishing a bail bond of Rs. 10,000/- with two sureties of like amount each, to the satisfaction of the 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Madhubani, in G.O. Case No. 954/2024, subject to the conditions under Section 438(2) Cr.P.C./Section 482(2) BNSS; the order to be treated as part of the order dated 28.08.2024 in Cr. Misc. No. 53297 of 2024.

Issue for consideration

Whether the petitioner should be granted a further extension of time to surrender before the learned Trial Court in terms of the order dated 28.08.2024 passed in Cr. Misc. No. 53297 of 2024, given that she could not be informed of the earlier four-week surrender requirement.

Court's answer

Two weeks’ further time is extended for the petitioner to surrender before the learned Trial Court on or before 02.05.2025.

Ratio / Principle

The surrender is to be effected on furnishing a bail bond of Rs. 10,000/- with two sureties of like amount each, to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Madhubani/concerned Court, in connection with G.O. Case No. 954/2024 arising out of Excise P.S. Case No. 106 of 2024.

Key takeaways

The surrender is subject to the conditions as laid down under Section 438(2) of the Cr.P.C./Section 482(2) of the BNSS.ratio¶20
The present order shall be treated as part of the order dated 28.08.2024 in Cr. Misc. No. 53297 of 2024.ratio¶21

Detailed headnote1 paragraphs

Patna High Court (Chandra Shekhar Jha, J.), oral order dated 18-04-2025 in Criminal Miscellaneous No. 26077 of 2025 (modification petition relating to Cr. Misc. No. 53297 of 2024, arising out of Excise P.S. Case No. 106 of 2024, District Madhubani): Since, due to a personal problem, the petitioner’s counsel could not inform the petitioner — residing in a remote area — of the four-week surrender requirement in the order dated 28.08.2024, the Court extended two weeks’ further time for surrender on or before 02.05.2025, on a bail bond of Rs. 10,000/- with two sureties of like amount each, to the satisfaction of the 2nd Additional Sessions Judge-cum-Special Judge (Excise Act), Madhubani, in G.O. Case No. 954/2024, subject to the conditions under Section 438(2) Cr.P.C. / Section 482(2) BNSS; the order was directed to be treated as part of the order dated 28.08.2024, and the modification petition stood disposed of.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26077 of 2025

In

CRIMINAL MISCELLANEOUS No.53297 of 2024

Arising Out of PS. Case No.-106 Year-2024 Thana- Excise P.S. District- Madhubani

======================================================

Punam Kumari @ Punam Devi W/o- Umesh Kumar Singh Village- Aurahi, Ps- Babubarhi Dist- Madhubani

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vikas Kumar Jha, Adv For the Opposite Party/s : Mr. Lalan Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

2 18-04-2025

Heard the parties.

Present modification has been preferred to

extend the date of surrender as due to personal problem learned counsel of the petitioner could not informed the petitioner who is residing at a remote area as to surrender within four weeks’ in terms of order dated 28.08.2024 passed in Cr. Misc. No. 53297 of 2024 by this Court.

Considering the submission as advanced above

and by taking note of the reasons as stated in petition itself,

two weeks’ further time is extended for petitioner to surrender before the learned Trial Court i.e. on or before 02.05.2025 on furnishing bail bond of Rs. 10,000/- with two

Patna High Court CR. MISC. No.26077 of 2025(2) dt.18-04-2025 2/2

sureties of like amount each to the satisfaction of learned 2^nd Additional Sessions Judge-cum-Special Judge, Excise Act, Madhubani/concerned Court in connection with G.O. Case No. 954/2024 arising out of Excise P.S. Case No. 106 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./Section 482(2) of the BNSS.

This order shall be treated as part of order dated

28.08.2024 in Cr. Misc. No. 53297 of 2024.

In view of aforesaid, present modification petition

stands disposed of.

(Chandra Shekhar Jha, J.)

S.Tripathi/-

U T