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Patna High Court

Ramesh RautversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court dismissed the application for modification, refusing to extend the surrender period.

Summary

The petitioners, four brothers named Raut, were granted anticipatory bail by the Patna High Court with a condition to surrender within a specified period. They failed to surrender before the deadline and subsequently filed an application seeking modification of the surrender condition. The State, represented by counsel, opposed the extension of the surrender period. Justice Satyavrat Verma reiterated the court's consistent stance that it will not extend the surrender period when the petitioners have not complied with the original order or sought modification before its expiry. Consequently, the court dismissed the petitioners' application for modification, upholding the original surrender condition.

Issues considered

  • Whether a court can extend the surrender period stipulated in an anticipatory bail order after the original period has expired without a prior application for modification.

Subjects

  • anticipatory bail
  • surrender condition
  • modification of order
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15224 of 2026
                                               In
                                 CRIMINAL APPEAL (SJ) No.2229 of 2024
                         Arising Out of PS. Case No.-8 Year-2023 Thana- SC/ST District- Sitamarhi
                 ======================================================
           1.     Ramesh Raut Son of Shankar Raut R/o Village - Patel Nagar, P.S. - Dhaka,
                  Dist. - East Champaran.
           2.    Kamlesh Raut Son of Shankar Raut R/o Village - Patel Nagar, P.S. - Dhaka,
                 Dist. - East Champaran.
           3.    Sanjay Raut Son of Shankar Raut R/o Village - Patel Nagar, P.S. - Dhaka,
                 Dist. - East Champaran.
           4.    Ranjay Raut Son of Shankar Raut R/o Village - Patel Nagar, P.S. - Dhaka,
                 Dist. - East Champaran.

                                                                                     ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar
           2.    Ram Sevak Manjhi Son of Late Bhutta Manjhi R/o Village - Bhokraha
                 Kothi, Ward no. 08, P.S. - Majorganj, Dist. - Sitamarhi.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Anil Kumar
                 For the Opposite Party/s :        Mr.Mohammed Arif
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   11-03-2026               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 period of surrender in the event if the petitioners

                   have not surrendered within the time stipulated in the order by

                   which petitioners were granted anticipatory bail or have not

                   moved the court seeking modification of the order prior to the

                   date of surrender expiring.
              Patna High Court CR. MISC. No.15224 of 2026(2) dt.11-03-2026
                                                          2/2




                                 3.     Accordingly, the instant modification application is

                        dismissed.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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