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Patna High Court

Balmiki Sharma @ Balmiki TantiversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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