Patna High Court

Vikash YadavversusThe State of Bihar

Decided: 18 March 2026
Disposal: DISMISSED
Bench: SATYAVRAT VERMA

Holding

The Court held that the surrender period cannot be extended unless a modification application is filed before the expiry of the original period.

Summary

The petitioner, Vikash Yadav, filed an anticipatory bail application in the High Court of Patna. The bail order stipulated a specific period within which the petitioner had to surrender to the court. The petitioner failed to surrender within that period and did not file a modification application before the deadline expired. The State opposed any extension of the surrender period. The Court, adhering to a consistent approach, refused to extend the surrender period in the absence of a timely modification application. Consequently, the petitioner's request for modification was rejected.

Issues considered

Whether the period of surrender under an anticipatory bail order can be extended when the accused has not surrendered within the stipulated time and has not filed a modification application before the expiry.

Subjects

anticipatory bail
surrender period
modification application
criminal procedure
high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.17918 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.52016 of 2025
                       Arising Out of PS. Case No.-53 Year-2025 Thana- MIRGANJ District- Gopalganj
                  ======================================================
                  Vikash Yadav son of Harishankar Yadav Resident of vill-Narkatiya PS-
                  Nautan Dist- Siwan
                                                                       ... ... Petitioner/s
                                                Versus
                  The State of Bihar                       ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Kumari Anupam
                  For the Opposite Party/s :       Mr.Kumar Ranjit Ranjan
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

2    18-03-2026                  1. Heard learned counsel for the petitioner and

                    learned APP for the State.

                                 2. The Court is taking a consisting view of not

                    extending the period of surrender, in the event, if the accused

                    has not surrendered within the time stipulated in the order by

                    which the anticipatory bail application was granted to the

                    petitioner and also has not preferred modification application

                    prior to the date of surrender expiring.

                                 3. The        modification       application        is     rejected

                    accordingly.



                                               (Satyavrat Verma, J)
vikash/-

U          T

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