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Patna High Court

Awadhesh Sah @ Awadesh Sah @ Avdhesh Sah @ Abdhesh SahversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court dismissed the modification application, refusing to extend the surrender time.

Summary

Awadhesh Sah, the petitioner, had been granted anticipatory bail with a condition to surrender to the court within a specified time. He failed to surrender within that period and subsequently filed an application seeking modification of the bail order to extend the surrender deadline. The court examined whether it could extend the surrender time when the petitioner had not complied with the original condition or approached the court before the deadline expired. Relying on a consistent judicial view, the court held that such an extension cannot be granted. Consequently, the petition for modification was dismissed.

Issues considered

  • Can the court extend the time for surrender under an anticipatory bail order when the petitioner fails to surrender within the stipulated period?
  • Is a modification application maintainable after the surrender deadline has expired without prior approach to the court?

Subjects

  • anticipatory bail
  • surrender
  • modification application
  • criminal procedure
  • bail conditions

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.12977 of 2026
                                                In
                                  CRIMINAL APPEAL (SJ) No.3233 of 2024
                         Arising Out of PS. Case No.-24 Year-2024 Thana- SC/ST District- Begusarai
                  ======================================================
                  Awadhesh Sah @ Awadesh Sah @ Avdhesh Sah @ Abdhesh Sah S/o- Jilevi
                  Sah R/v- Karoy Khanjhapur Ps- Cheriyabariyarpur Dist- Begusarai

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Shubhesh Pandey
                  For the Opposite Party/s :        Ms. Anita Kumari
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

2    25-02-2026                  1. Heard learned counsel for the petitioner and learned

                    A.P.P. for the State.

                                 2. The Court is taking a consistent view of not

                    extending the time of surrender if the petitioner has not

                    surrendered within the time stipulated in the order by which he

                    was granted anticipatory bail or has not approached the Court

                    prior to the time of surrender expiring.

                                 3. Accordingly, the instant modification application is

                    dismissed.



                                               (Satyavrat Verma, J)
amit/-

U        T


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