Patna High Court
Kailash SaoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANIL KUMAR SINHA
Holding
The court extended the surrender period by two weeks subject to a deposit of Rs.5,000.
Summary
The petitioner, Kailash Sao, had been granted anticipatory bail on 21-03-2025 with a condition to surrender before the lower court within four weeks. He filed an application on 03-04-2026 seeking an extension, stating he was residing in Surat and could not surrender in time. The court considered his request and, noting the circumstances, extended the surrender deadline by an additional two weeks from the date of the order. The extension was conditioned upon the petitioner depositing Rs.5,000 with the Lawyers’ Association Welfare Benevolent Fund. The application for modification was allowed, thereby granting the petitioner more time to surrender.
Issues considered
- Whether the court can extend the time for surrender under an anticipatory bail order
- Whether imposing a monetary deposit as a condition for extension is permissible
Subjects
- anticipatory bail
- modification of order
- surrender deadline
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20963 of 2026
In
CRIMINAL APPEAL (SJ) No.2349 of 2023
Arising Out of PS. Case No.-138 Year-2023 Thana- BARACHATTI District- Gaya
======================================================
Kailash Sao S/O Late Narayan Saw R/O Village- Patiouna, P.S- Barachatti,
Dist- Gaya
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Vivek Das S/O Sunil Das R/O Village- Kaluwa, P.S- Barachatti, Dist- Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar
For the Opposite Party/s : Mr.Parmanand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 03-04-2026 1. Heard learned counsel for the petitioner and learned A.P.P.
for the State.
2. The present application has been filed for modification of
the order dated 21.03.2025 passed in Cr. Appeal (S.J.) No. 2349
of 2023 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 order.
3. Learned counsel for the petitioner submits that the
petitioner could not surrender within time since at the relevant
point of time he was residing at Surat to earn his livelihood. He,
accordingly, prays for further two weeks time to surrender
Patna High Court CR. MISC. No.20963 of 2026(2) dt.03-04-2026
2/2
before the learned District Court.
4. Having regard to the submissions made on behalf of the
petitioner, let the time granted by this Court to surrender before
the learned court below by order dated 21.03.2025 passed in Cr.
Appeal (S.J.) No. 2349 of 2023 be extended by further two
weeks from today subject to the condition that the petitioner
shall deposit Rs. 5,000/- before the Lawyers’ Association
Welfare Benevolent Fund, Patna High Court, Patna having A/c
No. 7801893276, I.F.S.C. Code- IDIB000L501, L.N. Mishra
Institute Branch, Patna.
5. Accordingly, this application is allowed to the extent
indicated above.
(Anil Kumar Sinha, J)
praful/-
U T
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