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Patna High Court

Amit Sah @ Amit @ Dablu @ Dablu JorgebushversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the surrender period may be extended and granted a further four‑week extension.

Summary

The petitioners – Mohan Sah, Rekha Devi and Subodh Kumar Sah – had been granted anticipatory bail on 10‑12‑2025, with a condition to surrender within four weeks if arrested. They later filed a modification petition seeking an extension of the surrender period, citing reasons detailed in paragraphs 4 and 5 of their petition. The High Court examined the request and found the grounds for extension satisfactory. Consequently, the Court allowed the modification application and extended the surrender period by an additional four weeks. The order modifies the earlier direction under Cr. Misc. No.56096/2025, permitting the petitioners more time to comply with the bail conditions.

Issues considered

  • Whether the surrender period prescribed in an anticipatory bail order can be extended
  • Whether the petitioners have sufficient cause to merit an extension of the bail condition

Subjects

  • anticipatory bail
  • modification of bail order
  • surrender period
  • criminal procedure
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11243 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.56096 of 2025
                        Arising Out of PS. Case No.-36 Year-2025 Thana- BELHAR District- Banka
                 ======================================================
           1.     Amit Sah @ Amit @ Dablu @ Dablu Jorgebush S/O Subodh Sah @ Subodh
                  Kumar Sah R/O Village- Nimia, P.S- Belhar, Distt.- Banka.
           2.    Mohan Sah @ Mohan Kumar @ Maha Satya Narayan Sah S/O Subodh Sah
                 @ Subodh Kumar Sah R/O Village- Nimia, P.S- Belhar, Distt.- Banka.
           3.    Rekha Devi W/O Subodh Sah @ Subodh Kumar Sah R/O Village- Nimia,
                 P.S- Belhar, Distt.- Banka.
           4.    Subodh Kumar Sah @ Subodh Sah S/O Late Saudagar Sah R/O Village-
                 Nimia, P.S- Belhar, Distt.- Banka.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhananjay Kumar Pandey, Adv.
                 For the Opposite Party/s :       Mr. Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   13-02-2026                    Heard the parties.

                                2. The present application has been preferred for

                   modification of order dated 10.12.2025 passed in Cr. Misc. No.

                   56096/2025 passed by this Court whereby and where under the

                   Court has directed the petitioners no. 2 to 4 namely Mohan Sah

                   @ Mohan Kumar @ Maha Satya Nrayan Sah, Rekha Devi and

                   Subodh Kumar Sah @ Subodh Sah to be released on bail in the

                   event of their arrest or surrender before the Subordinate Court

                   within a period of four weeks from receipt of the order.

                                3. In this case, the anticipatory bail application of the
           Patna High Court CR. MISC. No.11243 of 2026(2) dt.13-02-2026
                                                       2/2




                     petitioner was allowed on 10.12.2025 in Cr. Misc. No. 56096 of

                     2025.

                                  4. Now, the modification petition has been filed in

                     which prayer for extension has been made on the ground as

                     stated in paragraphs 4 and 5 of the petition.

                                  5. Considering the aforesaid submission made in

                     paragraphs 4 and 5 of the petition, the Cr. Misc. No. 11243 of

                     2026 is allowed.

                                  6. The period of surrender is further extended by four

                     weeks.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U


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