Patna High Court
Md. Ainul @ Md. AainulversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANSHUMAN
Holding
The Court extended the surrender period by four weeks, subject to a deposit of Rs.5,000, thereby modifying the original anticipatory bail order.
Summary
The petitioners, Md. Ainul and his wife Sahina Khatoon, sought a modification of the anticipatory bail order dated 22-03-2025, which required them to surrender within four weeks. They claimed that a miscommunication by the case Pairwikar prevented their surrender within the stipulated period. The State opposed the modification, acknowledging the same miscommunication. The Court, considering the petitioner's explanation, extended the surrender deadline by an additional four weeks from the date of the order. The extension was conditioned upon the deposit of Rs.5,000 by the petitioners' counsel into the Bar Association account. Consequently, the original order was modified only to the extent of the time extension and the deposit condition.
Issues considered
- Whether the time limit for surrender under an anticipatory bail order can be extended on account of procedural miscommunication.
- Whether the Court can impose a monetary deposit as a condition for surrender in a modified anticipatory bail order.
Subjects
- anticipatory bail
- modification of order
- surrender deadline
- condition of deposit
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12986 of 2026
In
CRIMINAL MISCELLANEOUS No.67592 of 2024
Arising Out of PS. Case No.-22 Year-2024 Thana- Garahara District- Begusarai
======================================================
1. Md. Ainul @ Md. Aainul S/O Late Md. Suleman @ Md. Suleman R/O
Village- Bari Baro, Salempur Tola, P.S- Gadhara (Garhara), Distt.-
Begusarai.
2. Sahina Khatoon @ Sahin Khatoon @ Sain Khatoon W/O Md. Ainul @ Md.
Aainul R/O Village- Bari Baro, Salempur Tola, P.S- Gadhara (Garhara),
Distt.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sandip Kumar Gautam, Adv.
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The present application has been filed for
modification in order dated 22.03.2025 passed in Cr. Misc.
No.67592 of 2024.
3. Counsel submits that by virtue of the said order, the
petitioners were granted anticipatory bail with direction to
surrender before the Court within four weeks. He further
submits that four weeks has already been lapsed, but petitioners
could not surrender themselves only due to miscommunication
of Pairwikar of this case. As such, he seeks
Patna High Court CR. MISC. No.12986 of 2026(2) dt.25-02-2026
2/2
modification/correction in the said order and submits that time
may be extended.
4. Counsel for the State submits that due to
miscommunication of Pairwikar, the petitioners could not
surrender themselves before the Court.
5. In the light of the ground mentioned in the petition,
four weeks’ further time is hereby extended from today, to
surrender before the Court below, subject to payment of
Rs.5,000/- which shall be deposited by counsel for the
petitioners in the account of Bar Association, Patna High Court.
6. Accordingly, the order dated 22.03.2025 passed in
Cr. Misc. No.67592 of 2024 is modified only up to that extent.
(Dr. Anshuman, J)
Prakashmani/-
U T
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