Patna High Court
Rahul Mahto @ Rahul Chauhan @ RahulversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court allowed the modification of the anticipatory bail order, granting an eight‑week extension for surrender.
Summary
Petitioner Rahul Mahto was granted anticipatory bail on 25 June 2024, conditioned on paying a maintenance amount of Rs.3,000 per month to the opposite party, Minu Kumari. The petitioner claimed he did not receive the order, could not make the payments, and consequently missed the surrender deadline. He later paid arrears amounting to Rs.63,000 via PayTM covering the period from the order date to 25 March 2026. Seeking relief, he filed a petition to modify the bail order to extend the surrender period. The Court, after hearing counsel, granted an eight‑week extension from the receipt of the order for the petitioner to surrender and furnish a bail bond, thereby allowing the modification petition.
Issues considered
- Whether the anticipatory bail order can be modified to extend the period of surrender when the petitioner has complied with the maintenance condition after the original deadline.
- Whether the petitioner’s failure to surrender due to alleged non‑communication of the order warrants condonation.
Subjects
- anticipatory bail
- modification of bail
- maintenance obligation
- surrender deadline
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15204 of 2026
In
CRIMINAL MISCELLANEOUS No.3028 of 2024
Arising Out of PS. Case No.-118 Year-2023 Thana- SARAN COMPLAINT CASE District-
Saran
======================================================
Rahul Mahto @ Rahul Chauhan @ Rahul Son of Shambhu Mahto Resident of
Village- Baluhi Bazar, P.S.- Manjhagarh, Dist- Gopalganj
... ... Petitioner/s
Versus
1. The State of Bihar
2. Minu Kumari wife of Rahul mahto @ Rahul chauhan Resident of Village-
Baluhi Bazar, P.S.- Manjhagarh, Dist- Gopalganj P/A- Asahari tola Banshi
Chhapra, Ps- Rasalpur, Dist- Saran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Anand, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 24-04-2026 Heard learned counsel for the petitioner and the State.
2. This petition has been filed for modification of
order dated 25.06.2024 passed in Cr. Misc. No. 3028 of 2024 to
the extent of extension of period of surrender.
3. Learned counsel for the petitioner submits that
petitioner was granted anticipatory bail vide order dated
25.06.2024 passed in Cr. Misc. No. 3028 of 2024 on the basis of
his undertaking that he is ready to give maintenance amount of
Rs. 3,000/- (three thousand) per month to the opposite party No.
2 but due to non-communication of the order, petitioner could
not comply with it and the time of surrender expired. By filing
Patna High Court CR. MISC. No.15204 of 2026(4) dt.24-04-2026
2/2
supplementary affidavit, learned counsel for the petitioner
submits that petitioner has already paid the arrears from the date
of aforesaid order dated 25.6.2024 to 25.03.2026 i.e., Rs.
63,000/- in the account of opposite party no. 2 through PayTM
and as such, he prays for extension of period of surrender.
4. In view of the aforesaid fact, eight weeks’ time
from the date of receipt/production of copy of this order is
granted to the petitioner to surrender and furnish bail-bond
before the court below.
5. Accordingly, modification petition is allowed and
order dated 25.06.2024 passed in Cr. Misc. No. 3028 of 2024 is
modified to the above extent only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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