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Patna High Court

Ashok YadawversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that the modification application cannot be entertained because the petitioner failed to comply with the time limits imposed in the anticipatory bail order, and therefore dismissed the application.

Summary

The petitioner, Ashok Yadaw, was granted provisional anticipatory bail on 3 February 2026 with a directive to deposit Rs 5,000 with the Patna High Court Lawyers’ Association within two weeks and to surrender before the trial court within six weeks. He deposited the amount a day after the deadline (on 18 February 2026) and subsequently surrendered, but the trial court refused to accept his bail bonds on the ground of non‑compliance with the stipulated time‑frame. The petitioner filed a modification application seeking extension of the surrender period, arguing that the deposit had eventually been made. The State opposed, contending that the court consistently refuses extensions when the petitioner fails to surrender within the time ordered and that the deposit condition was a precedent for bail acceptance. After hearing both sides, the High Court agreed with the State and dismissed the modification application, holding that the petitioner’s delay cannot be condoned. The order thus upholds the strict compliance requirement for anticipatory bail conditions.

Issues considered

  • Whether a delay in depositing the prescribed amount and surrendering beyond the time fixed in an anticipatory bail order warrants a modification of that order.
  • Whether the condition precedent of depositing the amount within the stipulated period is mandatory for acceptance of provisional anticipatory bail bonds.

Subjects

  • anticipatory bail
  • provisional bail
  • modification of order
  • time limit
  • deposit condition
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19290 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.6143 of 2026
                   Arising Out of PS. Case No.-168 Year-2025 Thana- MALAHI District- East Champaran
                 ======================================================
                 Ashok Yadaw S/o Ghamandi Yadaw Resident of Village- Majhariya, PS-
                 Malahi, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Karandeep Kumar, Adv.
                 For the Opposite Party/s :       Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Learned counsel for the petitioner submits that

                   petitioner was granted the privilege of provisional anticipatory

                   bail by an order dated 03.02.2026 in Cr. Misc. No.6143/2026

                   and the petitioner was directed to surrender before the learned

                   trial court within a period of six weeks from the date of order

                   i.e. 03.02.2026. It is next submitted that at Para-8 of the order

                   dated 03.02.2026, it was recorded that- “At this stage, the

                   learned counsel for the petitioner, based on instruction,

                   undertakes to deposit an amount of Rs. 5,000/- with Lawyers’

                   Association, Patna High Court within a period of two weeks

                   from today.” It is further submitted that two weeks from order
Patna High Court CR. MISC. No.19290 of 2026(2) dt.03-04-2026
                                            2/3




          dated 03.02.2026 was expiring on 17.02.2026 but then petitioner

          deposited the said amount of Rs.5000/- with Lawyers’

          Association, Patna High Court on 18.02.2026 and thereafter the

          petitioner surrendered before the learned trial court but then his

          provisional anticipatory bail bonds were not accepted on the

          ground that petitioner had not deposited the amount of

          Rs.5000/- with Lawyers’ Association, Patna High Court within a

          period of two weeks from the order dated 03.02.2026, as such

          the instant modification application has been filed.

                       3. Learned APP vehemently opposes the modification

          application and submits that the court is taking a consistent view

          of not extending the time of surrender if the petitioner has not

          surrendered within the time stipulated in the order by which

          anticipatory bail was granted. It is further submitted that by

          order dated 03.02.2026 in Cr. Misc. No.6143/2026 the petitioner

          was directed to surrender before the learned trial court within a

          period of six weeks but then it appears that petitioner did not

          surrender within a period of six weeks. It is also submitted that

          at Para-8 of the order dated 03.02.2026 was not a condition

          precedent for accepting the provisional anticipatory bail bonds

          of the petitioner. It is further submitted that though a submission

          by the learned counsel appearing on behalf of the petitioner has
             Patna High Court CR. MISC. No.19290 of 2026(2) dt.03-04-2026
                                                         3/3




                       been made that petitioner after depositing Rs.5000/- with the

                       Lawyers’ Association, Patna High Court surrendered before the

                       learned trial court but then the modification application is

                       completely silent with regard to the date on which the petitioner

                       surrendered before the learned trial court in terms of the order

                       dated 03.02.2026 in Cr. Misc. No.6143/2026 nor the surrender

                       application which was filed before the learned trial court has

                       been brought on record as such it is submitted that it is a ploy of

                       the petitioner for getting the time of surrender extended.

                                    4. After hearing the learned counsel for the parties, the

                       Court is in complete agreement with the submissions made by

                       the learned APP, as such, is not inclined to entertain the

                       modification application.

                                    5. Accordingly, the modification application is

                       dismissed.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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