Patna High Court

PRAVIN KUMARversusThe State of Bihar

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

Holding

The period of surrender cannot be extended absent a timely modification application, and the modification request was dismissed.

Summary

The petitioners, Pravin Kumar and Munai Lal, applied for anticipatory bail in a criminal miscellaneous case. The bail order required them to surrender to the court within a specified period. They failed to surrender within that time and did not file a modification application before the deadline expired. The State opposed any extension of the surrender period. Justice Satyavrat Verma held that the court will not extend the surrender period where the accused has neither surrendered nor sought modification before the expiry. Consequently, the petitioners’ application for modification was rejected.

Issues considered

Can the period of surrender under an anticipatory bail order be extended when the accused fails to surrender within the stipulated time?
Is a modification application permissible after the surrender deadline has expired without a prior filing?

Subjects

anticipatory bail
surrender deadline
modification application
extension of period
criminal procedure

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.18079 of 2026
                                                 In
                                 CRIMINAL MISCELLANEOUS No.90244 of 2025
                     Arising Out of PS. Case No.-1103 Year-2025 Thana- SAHARSA SADAR District- Saharsa
                    ======================================================
               1.    Pravin Kumar S/o Munail Lal Sah @ Munga Sah @ Munga Lal Sah R/o vill
                     - Bengha Hatiyagachhi, ward no. 4/10, P.S. and Distt.- Saharsa
               2.    Munai Lal Sah @ Munga Sah @ Munga Lal Sah S/o Late Ramfal Sah R/o
                     vill - Bengha Hatiyagachhi, ward no. 4/10, P.S. and Distt.- Saharsa
                                                                                  ... ... Petitioner/s
                                                       Versus
                    The State of Bihar                                   ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :       Mr.Nafisu Zzoha
                    For the Opposite Party/s :       Ms.Anita Kumari
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                          ORAL ORDER

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

                      petitioners 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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