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Patna High Court

Sachin KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/3




          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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