Patna High Court
Sachin KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR PANDEY
Holding
The Court granted a further six‑week extension for surrender and furnishing bail bonds, modifying the earlier order.
Summary
The petitioner, Sachin Kumar, filed an application seeking modification of an earlier order dated 15-10-2025 that required him to surrender and furnish bail bonds within six weeks. He claimed he could not comply because his employer at a cloth factory in Surat did not grant him leave, preventing him from surrendering as directed. The petitioner offered an unconditional apology and requested an additional six‑week extension, asserting the delay was not deliberate. The Additional Public Prosecutor raised no objection to the request. The Court, satisfied that the petitioner’s reasons were bona fide, extended the surrender period by six weeks on the same terms as the original order, thereby allowing the modification application.
Issues considered
- Whether the petitioner’s failure to surrender and furnish bail bonds within the stipulated period warrants an extension of time.
- Whether the Court can modify the earlier order on the basis of bona fide reasons presented by the petitioner.
Subjects
- anticipatory bail
- modification of order
- extension of time
- bail bonds
- criminal miscellaneous
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10697 of 2026
In
CRIMINAL MISCELLANEOUS No.71732 of 2025
Arising Out of PS. Case No.-266 Year-2024 Thana- AMBA District- Aurangabad
======================================================
Sachin Kumar S/O Late Ajay Singh R/O Village- Dihuli, P.S.- Madanpur,
Dist.- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mukul Kumari, Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 18-02-2026 This application has been filed for modification of the
order dated 15.10.2025 passed in Criminal Miscellaneous No.
71732 of 2025 seeking extension of time to surrender and to
furnish bail bonds of the petitioner.
2. Heard learned counsel for the petitioner and learned
Additional Public Prosecutor appearing for the State.
3. Learned counsel for the petitioner submits that no
earlier application for modification of the order dated
15.10.2025 has been filed. It is further submitted that although
the petitioner was granted anticipatory bail, he could not
surrender and furnish bail bonds within the stipulated period of
six weeks as he had gone to work in a cloth factory situated at
Patna High Court CR. MISC. No.10697 of 2026(2) dt.18-02-2026
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Surat for earning his livelihood. It is submitted that despite
several requests, leave was not granted by the Factory-in-
charge, and therefore the petitioner could not comply with the
direction of this Court within the prescribed period. It is further
submitted that the non-compliance was neither deliberate nor
intentional. The petitioner tenders his unconditional apology and
prays for extension of time by a further period of six weeks to
enable him to surrender and furnish bail bonds.
4. Learned Additional Public Prosecutor appearing for
the State has no objection to the prayer made on behalf of the
petitioner.
5. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, this
Court is satisfied that the petitioner could not comply with the
earlier order within the stipulated period due to bona fide
reasons. Accordingly, the time for surrender of the petitioner for
furnishing bail bonds is extended by a further period of six
weeks from today, on the same terms and conditions as
stipulated in the order dated 15.10.2025 passed in Criminal
Miscellaneous No. 71732 of 2025, in connection with Amba
P.S. Case No. 266 of 2024, to the satisfaction of the learned
Special Judge, Excise Court No. I, Aurangabad.
Patna High Court CR. MISC. No.10697 of 2026(2) dt.18-02-2026
3/3
6. Accordingly, the order dated 15.10.2025 passed in
Criminal Miscellaneous No. 71732 of 2025 stands modified to
the extent indicated above.
7. The present modification application is,
accordingly, allowed.
8. Let a copy of this order be communicated to the
court of the learned Special Judge, Excise Court No. I,
Aurangabad, in connection with Amba P.S. Case No. 266 of
2024, for needful.
(Alok Kumar Pandey, J)
Nilmani/-
U T
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