Patna High Court
Satish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANIL KUMAR SINHA
Holding
The court held that the surrender deadline may be extended by two weeks, subject to the condition of a Rs 2,000 deposit in the Benevolent Fund.
Summary
Satish Kumar was granted anticipatory bail on 8 October 2025 with a condition to surrender before the lower court within four weeks. He failed to surrender because he was occupied with agricultural work and could not consult his counsel. He filed an application seeking a two‑week extension to surrender. The High Court, considering his explanation, extended the surrender deadline by two weeks, imposing a condition that he deposit Rs 2,000 in the Benevolent Fund of the Patna High Court Advocates’ Association. The application for modification of the anticipatory bail order was allowed.
Issues considered
- Whether the time granted for surrender under an anticipatory bail order can be extended on the ground of the petitioner’s inability to appear due to agricultural work
- Whether imposing a condition of depositing money in the Benevolent Fund is permissible while extending the surrender period
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- modification of order
- surrender deadline
- extension of time
- CrPC Section 438
- Benevolent Fund
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12921 of 2026
In
CRIMINAL MISCELLANEOUS No.68435 of 2025
Arising Out of PS. Case No.-281 Year-2024 Thana- GOVINDPUR District- Nawada
======================================================
Satish Kumar S/o Yamuna Prasad Resident of village- Sarkanda, PO- Govind-
pur, PS- Govindpur, Distt- Nawada Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saurav Barial
For the Opposite Party/s : Mr.Narsingh Tanti
======================================================
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 08.10.2025 passed in Cr. Misc. No. 68435 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 at the
relevant point of time the petitioner was engaged in harvesting
and planting due to which he could not consult with his counsel,
which led to communication gap, as such, the petitioner failed to
surrender within stipulated time. He, accordingly, prays for
Patna High Court CR. MISC. No.12921 of 2026(2) dt.18-02-2026
2/2
further two weeks time to surrender before the learned District
Court.
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 08.10.2025 passed in Cr.
Misc. No.68435 of 2025 be extended by further two weeks from
today subject to the condition that the petitioner shall deposit
Rs. 2,000/- in the Benevolent Fund, Advocate Association,
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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