Patna High Court
Balmiki Sharma @ Balmiki TantiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The court extended the surrender period for petitioner No.3 by four weeks, thereby modifying the earlier anticipatory bail order.
Summary
The petitioners, three individuals from Uprama village, sought a modification of an earlier anticipatory bail order dated 27 April 2022, which allowed them bail upon surrender within four weeks. The original order was partially modified on 13 July 2022, granting anticipatory bail to petitioners 2 and 3 but not incorporating it in the order-sheet. The petitioners filed a further application requesting an extension of the time limit for surrender. The High Court, after hearing counsel, allowed the modification application and extended the surrender period for petitioner No.3, Pramod Kumar, by an additional four weeks. Consequently, the order dated 27 April 2022 was modified to reflect this extension.
Issues considered
- Whether the time limit for surrender under an anticipatory bail order can be extended by the court
- Whether the modification of the earlier anticipatory bail order is permissible
Legislation cited
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- modification of order
- extension of time
- Section 438
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15167 of 2026
In
CRIMINAL MISCELLANEOUS No.47397 of 2021
Arising Out of PS. Case No.-200 Year-2021 Thana- RAJAON District- Banka
======================================================
1. Balmiki Sharma @ Balmiki Tanti S/o Baddi Dharma R/o Village- Uprama,
PS- Rajoun, District- Banka
2. Gautam Kumar @ Gautam Kumar Tanti S/o Kunj Bihari Sharma R/o
Village- Uprama, PS- Rajoun, District- Banka
3. Pramod Kumar @ Pramod Kumar Sharma S/o Basudeo Sharma R/o Village-
Uprama, PS- Rajoun, District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brij Nandan Prasad, Advocate
For the State : Mr.Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioners and learned
counsel for the State.
2. The present application has been filed for
modification of the order dated 27.04.2022 passed in Cr. Misc.
No. 47397 of 2021 whereby the following order was passed:
“ So far as the petitioners namely
Uttam Sharma @ Uttam Kumar in Cr. Misc.
No. 46850/2021 Raman Sharma @ Ravindra
Tanti in Cr. Misc. No. 48644/2021 Julsi
Sharma @ Julsi Sharma, and Kishor Tani in
Cr. Misc. No. 48983 of 2021 are concerned
because nature of dispute and injury this
application for anticipatory bail is allowed on
behalf of above named petitioners.
Let the petitioners, above named, in
the event of their arrest/surrender within four
Patna High Court CR. MISC. No.15167 of 2026(2) dt.25-02-2026
2/3
weeks from today in the Court below, be
released on bail on furnishing bail bond of Rs.
10,000/-(Ten Thousand) each with two sureties
of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Banka in
connection with Rajoun P.S. Case No. 200 of
2021, subject to the conditions as laid down
under Section 438(2) of the Code of Criminal
Procedure.”
Thereafter, vide order dated 13.07.2022, the aforesaid
order dated 27.04.2022 was modified and the following order
was passed:
“It appears that this case has been
heard along with Criminal Miscellaneous
No.46850 of 2021 and other analogous cases and
vide order dated 27.04.2022 all these matters
have been disposed of and this bail application on
behalf of petitioner no.1 has been dismissed as
withdrawn whereas, the petitioner nos. 2 and 3
have been granted anticipatory bail but the same
has not been incorporated in the order-sheet.
In such view of the matter, let the
petitioner no.2 and 3, above named, in the event
of their arrest/surrender within four weeks from
today in the Court below, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like
amount each to the satisfaction of the learned
C.J.M., Banka, in connection with Rajoun P.S.
Case No. 200 of 2021, subject to the conditions as
laid down under Section 438(2) of the Code of
Criminal Procedure.
This order shall be treated to be the
part of order dated 27.04.2022 passed in
Criminal Miscellaneous No.46850 of 2021 and
other analogous cases.”
3. The present modification application has been filed
seeking extension of time.
Patna High Court CR. MISC. No.15167 of 2026(2) dt.25-02-2026
3/3
4. For the reasons mentioned in the modification
application, the same is allowed.
5. The time granted to the petitioner no. 3 namely,
Pramod Kumar @ Pramod Kumar Sharma to surrender before
the Court below for furnishing the bail bonds vide order dated
27.04.2022 passed in Cr. Misc. No. 47397 of 2021, is hereby
extended for a further period of four weeks from today.
6. Accordingly, the order dated 27.04.2022 passed in
Cr. Misc. No. 47397 of 2021 is modified to the above extent.
(Sandeep Kumar, J)
P. Kumar
U T
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