Created by Fuzzy Cloud

Patna High Court

Rahul Mahto @ Rahul Chauhan @ RahulversusThe State of Bihar

Decided
Disposal
ALLOWED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.