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Patna High Court

Nirmal Kumar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court extended the surrender period by two weeks, subject to a Rs.2000 deposit, and modified the anticipatory bail order accordingly.

Summary

Petitioner Nirmal Kumar Singh was granted anticipatory bail on 17-12-2025, conditioned on surrendering before the lower court within four weeks. He was unable to surrender within the stipulated period due to a communication gap and filed an application seeking a two‑week extension. The court considered the petitioner's submission and, while extending the surrender deadline by two weeks, imposed a condition to deposit Rs.2000 in the Benevolent Fund of the Patna High Court Advocates' Association. The order dated 17-12-2025 was thereby modified, and the modification application was allowed.

Issues considered

  • What is the appropriate procedure for modifying the surrender condition in an anticipatory bail order?
  • Whether a two‑week extension of the surrender period is justified in view of the petitioner's communication gap.

Subjects

  • anticipatory bail
  • modification of order
  • surrender deadline
  • Criminal Procedure Code
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15237 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.84494 of 2025
                        Arising Out of PS. Case No.-25 Year-2025 Thana- Excise P.S. District- Araria
                 ======================================================
                 Nirmal Kumar Singh S/o Chandranand Singh R/o village - Pithaura, Ward No.
                 4, P.S - Narpatganj, District - Araria

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Kumar Ravish, Advocate
                 For the Opposite Party/s :         Mr. Brajendra Nath Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   11-03-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. This application has been filed for modification of

                   the order dated 17.12.2025 passed in Cr. Misc. No. 84494 of

                   2025, whereby the present petitioner has been granted privilege

                   of anticipatory bail, subject to the condition that the petitioner

                   shall surrender before the learned court below within a period of

                   four weeks from the date of the order.

                                3. Learned counsel for the petitioner submits that

                   petitioner could not surrender before the learned Court within

                   the time granted by this Court due to communication gap. He

                   accordingly prays for two weeks’ more time to surrender before
           Patna High Court CR. MISC. No.15237 of 2026(2) dt.11-03-2026
                                                       2/2




                     the learned Court below.

                                  4. Considering the aforesaid submission advanced by

                     learned counsel for the petitioner, let the time granted by this

                     Court to surrender the petitioner before the learned Court below

                     vide order dated 17.12.2025 passed in Cr. Misc. No. 84494 of

                     2025 be extended by further two weeks from today, subject to

                     deposit of Rs. 2000/- (two thousand) in the Benevolent Fund,

                     Advocate Association, Patna High Court.

                                  5. The order dated 17.12.2025 passed in Cr. Misc. No.

                     84494 of 2025 is modified to the aforesaid extent.

                                  6. The Modification Application is accordingly

                     allowed.



                                              (Anil Kumar Sinha, J)
Siwani/-

U      T


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