Patna High Court
Shankar DayalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- JITENDRA KUMAR
Holding
The court may modify the time limit for surrender in an anticipatory bail order, and it granted an additional four‑week extension.
Summary
The petitioner was granted anticipatory bail on 22 September 2025 with a directive to surrender within eight weeks and submit bail bonds. He was unable to comply with the surrender deadline due to unavoidable reasons and filed a modification application seeking an additional four weeks. The court examined whether the time limit could be extended without prejudice to the bail conditions. It held that the court has the authority to modify procedural directions in an anticipatory bail order. Consequently, the court extended the surrender period by four weeks and allowed the petition.
Issues considered
- Whether the time limit for surrender and submission of bail bonds in an anticipatory bail order can be extended?
Subjects
- anticipatory bail
- modification of order
- time extension
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10850 of 2026
In
CRIMINAL MISCELLANEOUS No.59714 of 2025
Arising Out of PS. Case No.-168 Year-2023 Thana- Daudnagar Excise District- Aurangabad
======================================================
Shankar Dayal S/o- Sanjay Sharma @ Sanjay Kumar Village- Pethari/Petarhi
PS- Jamhore Dist- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Mukul Kumari, Advocate
For the State : Mr. Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 13-02-2026 The present modification application has been filed
for modification of the order dated 22.09.2025, passed by this
Court in Cr. Misc. No. 59714 of 2025, whereby the petitioner
was granted anticipatory bail and he was given eight weeks’
time to surrender before the Court below and submit his bail
bonds.
2. However, learned counsel for the petitioner submits
that in Para No. 8 of the order dated 22.09.2025, eight weeks’
time was stipulated to the petitioner to surrender before the
Court below and submit his bail bonds. However, due to some
unavoidable reasons, the petitioner could not surrender within
the stipulated time. Hence, the petitioner is seeking additional
four weeks’ time to surrender before the Court below and
Patna High Court CR. MISC. No.10850 of 2026(2) dt.13-02-2026
2/2
submit his bail bonds.
3. Time is granted.
4. Accordingly, Para No. 8 of the order dated
22.09.2025, passed by this Court in Cr. Misc. No. 59714 of
2025 is modified to the extent granting additional four weeks’
time to surrender before the Court below and submit his bail
bonds.
5. Accordingly, the present petition stands allowed.
(Jitendra Kumar, J)
shoaib/-
U T
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