Patna High Court

Banti Devi @ Sangita DeviversusThe State of Bihar

Decided: 25 February 2026
Disposal: DISMISSED
Bench: SATYAVRAT VERMA

Holding

The court will not extend the surrender time and dismissed the modification application.

Summary

The petitioners, Banti Devi and others, had been granted anticipatory bail by the High Court of Patna with a condition to surrender to the police within a specified time. They failed to surrender before the expiry of that period and subsequently filed a modification application seeking an extension of the surrender deadline. The State opposed the application, arguing that the condition was clear and binding. Justice Satyavrat Verma observed that the court consistently refuses to extend surrender time where the petitioners have neither complied with the original deadline nor approached the court before its expiry. Consequently, the modification application was dismissed, leaving the original surrender condition intact.

Issues considered

Whether a court can extend the time for surrender in an anticipatory bail order when the petitioner has not surrendered within the stipulated period and has not approached the court before the deadline.

Subjects

anticipatory bail
surrender deadline
modification application
criminal procedure
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13822 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.75909 of 2025
                     Arising Out of PS. Case No.-294 Year-2023 Thana- JAMOBAZAR District- Siwan
                 ======================================================
           1.     Banti Devi @ Sangita Devi W/o- Umesh Ray R/o vill.- Khusal Dumri,
                  Siwan, Marachhi, Bihar. 841434
           2.    Krishnawati Devi @ Kisnawati Devi W/o- Amar Ray R/o vill.- Khusal
                 Dumri, Siwan, Marachhi, Bihar. 841434
           3.    Rajeshwar Rai @ Rajeshwar Ravat S/o- Daroga Ravat R/o vill.- Khusal
                 Dumri, Siwan, Marachhi, Bihar. 841434
           4.    Kanti Devi W/o- Munna Ray R/o vill.- Khusal Dumri, Siwan, Marachhi,
                 Bihar. 841434
           5.     Rajeshwar Rai @ Rajeshwar Ravat S/o- Daroga Ravat R/v- Khusal Dumri
                  Siwan Marachhi, Bihar
                                                                        ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sumit Kumar
                 For the Opposite Party/s :      Mr. Chandra Bhushan Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   25-02-2026                  1. Heard learned counsel for the petitioners 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 petitioners have not
                   surrendered within the time stipulated in the order by which
                   they were granted anticipatory bail or have 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

Continue reading with your account

Checking your session…