Patna High Court
Dipankaj Kumar Yadav @ Sant Lal Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJIV ROY
Holding
The court granted a further four‑week extension for the petitioner to surrender before the lower court.
Summary
The petitioner, Dipankaj Kumar Yadav, filed a petition seeking an extension of time to surrender before the lower court after being granted anticipatory bail in Cr. Misc. No. 70280 of 2025 under sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The original order required surrender within four weeks, but the petitioner claimed illness prevented compliance. The State counsel raised no objection to the extension. The High Court, after hearing both sides, ordered the petitioner to pay a nominal fee of Rs. 1,000 to the Legal Services Committee and extended the surrender period by an additional four weeks. The petition was consequently allowed.
Issues considered
- Whether the petitioner is entitled to an extension of the time granted for surrender after anticipatory bail under the Bihar Prohibition and Excise (Amendment) Act, 2022.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 32(3)
Subjects
- anticipatory bail
- extension of time
- surrender
- excise law
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15761 of 2026
In
CRIMINAL MISCELLANEOUS No.70280 of 2025
Arising Out of PS. Case No.-524 Year-2024 Thana- Excise P.S. District- Siwan
======================================================
Dipankaj Kumar Yadav @ Sant Lal Kumar Yadav Son of Siya Shankar yadav
Resident of Village - Pukhrera (Vijaipur), P.S. - Mairwa, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 11-03-2026 Heard Mr. Bijay Prakash Singh, learned counsel for
the petitioner and Mr. Jitendra Kumar Singh, learned APP.
2. The present petition has been preferred for the
following relief(s):
“for extension of time for surrendering
to the Petitioner before the court below as well as
modifying the order dated 13.10.2025 passed in Cr.
Misc. No. 70280 of 2025 in connection with Siwan
Excise P.S. Case No. 524 of 2024 registered U/Ss
30 (a), 32 (3) of the Bihar Prohibition and Excise
(Amendment) Act 2022, passed by Hon'ble Mr.
Justice Rajiv Roy, by which the Petitioner was
granted anticipatory bail and directed to surrender
Patna High Court CR. MISC. No.15761 of 2026(2) dt.11-03-2026
2/2
before the court below within a period of Four
weeks.”
3. Cr. Misc. No. 70280 of 2025 was disposed of on
13.10.2025 allowing the petitioner to surrender in next four
weeks and seek bail.
4. By way of present modification petition, it is stated
that due to him falling ill, could not surrender in time and as
such, the period be extended.
5. Learned State counsel has no objection to it.
6. In that background, Cr. Misc. No. 15761 of 2026
stands allowed subject to payment of Rs. 1,000/- to Patna High
Court Legal Services Committee which in turn will go to the
SUVAS CELL, Patna High Court for the purchase of flower
pots.
7. Further four weeks’ time is extended, from today, to
the petitioner to surrender before the Court below.
(Rajiv Roy, J)
Adnan/-
U T
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