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Patna High Court

Birbal SahaniversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that, on account of the petitioner's poverty and inability to furnish sureties, the surrender period under the anticipatory bail order may be extended by two weeks, subject to a deposit of Rs 3000 in the High Court Benevolent Fund.

Summary

The petitioner, Birbal Sahani, filed an application seeking modification of an anticipatory bail order dated 18‑12‑2025, which required him to surrender within four weeks. He argued that, being a poor and illiterate person, he could not arrange sureties and therefore could not surrender within the stipulated time. The court considered his circumstances and the need for a reasonable extension. It ordered that the surrender period be extended by an additional two weeks from the date of the order, subject to the petitioner depositing Rs 3,000 in the Benevolent Fund of the Patna High Court. The application was allowed to the extent specified.

Issues considered

  • Whether the period for surrender under an anticipatory bail order can be extended on the petitioner's ground of poverty and inability to furnish sureties
  • Whether the court may impose a condition of depositing money in the High Court Benevolent Fund as a condition for extending the surrender period

Subjects

  • anticipatory bail
  • modification of order
  • surrender deadline
  • bail conditions
  • benevolent fund
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.11927 of 2026
                                             In
                             CRIMINAL MISCELLANEOUS No.85956 of 2025
                      Arising Out of PS. Case No.-59 Year-2025 Thana- YADOPUR District- Gopalganj
                 ======================================================
                 Birbal Sahani S/o Late Jangi Sahani R/o Village - Bhathawa, P.S - Yadaopur,
                 District - Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s            :       Mr.Adesh Raj Singh
                 For the Opposite Party/s        :       Mr.Syed Ehteshamuddin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   18-02-2026           1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                          2. The present application has been filed for modification

                   of the order dated 18.12.2025 passed in Cr. Misc. No. 85956 of

                   2025 whereby the present petitioner has been granted privilege

                   of anticipatory bail subject to the condition that the petitioner

                   shall surrender before the learned court below within a period of

                   four weeks from the date of order.

                          3. Learned counsel for the petitioner submits that the

                   petitioner is a poor illiterate person and failed to make arrange-

                   ment of sureties on time, as such, he could not surrender within

                   stipulated time. He, accordingly, prays for further two weeks

                   time to surrender before the learned District Court.
               Patna High Court CR. MISC. No.11927 of 2026(2) dt.18-02-2026
                                                           2/2




                                4. Having regard to the submissions made on behalf of the

                         petitioner, let the time granted by this Court to surrender before

                         the learned court below by order dated 18.12.2025 passed in Cr.

                         Misc. No. 85956 of 2025 be extended by further two weeks

                         from today subject to the condition that the petitioner shall

                         deposit Rs. 3,000/- in the Benevolent Fund, Advocate Associa-

                         tion, Patna High Court within two weeks.

                                5. Accordingly, this application is allowed to the extent

                         indicated above.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T


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