Patna High Court
Chandeshwari KamatversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- ANSHUMAN
Holding
The application for modification of the order was rejected because the petitioner did not comply with the original direction.
Summary
The petitioner, Chandeshwari Kamat, had her anticipatory bail application rejected by the Patna High Court, which directed her to surrender within four weeks and file a regular bail application. She failed to surrender within the stipulated period due to unforeseen circumstances and subsequently filed an application seeking modification of the earlier order. The State opposed the modification, highlighting the petitioner’s non‑compliance. The Court examined whether the earlier direction could be altered despite the petitioner’s failure to surrender. Considering the petitioner’s non‑compliance, the Court rejected the application for modification. Consequently, the order dated 04‑02‑2026 remains unchanged.
Issues considered
- Whether the order directing the petitioner to surrender and file a regular bail application can be modified when the petitioner fails to comply within the stipulated period?
Subjects
- anticipatory bail
- regular bail
- modification of court order
- surrender
- non‑compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 21107 of 2026
In
CRIMINAL MISCELLANEOUS No.5049 of 2026
Arising Out of PS. Case No.-110 Year-2021 Thana- CHIKSAUR District- Nalanda
======================================================
Chandeshwari Kamat S/o Maheshwri Kamat, Resident of Surmaha
Kishanpur, P.S.- Sour Bazar, District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 03-04-2026 Heard learned Counsel for the petitioner and learned
Counsel for the State.
2. Learned counsel for the petitioner submits that the
present application has been filed for modification of the order
dated 04.02.2026, passed by this Court in Cr. Misc. No. 5049 of
2026, arising out of Chiksour P.S. Case No. 110 of 2021. By the
said order, the anticipatory bail application of the petitioner was
rejected, and a direction was issued to the Trial Court to
consider the petitioner’s regular bail application, if the petitioner
surrenders within four weeks from the date of the order. It was
further directed that, upon such surrender and filing of a regular
bail application, the Trial Court shall consider the same on its
own merits, without being prejudiced by the earlier order,
Patna High Court CR. MISC. No. 21107 of 2026(2) dt.03-04-2026
2/2
preferably on the same day.
3. Learned counsel for the petitioner further submits
that, due to unforeseen circumstances, the petitioner was not in a
position to surrender before the Court below within the
stipulated period. Therefore, he prays for modification of the
order dated 04.02.2026 passed in Cr. Misc. No. 5049 of 2026.
4. Learned counsel for the State, on the other hand,
opposes the prayer for modification of the order and submits
that petitioner has not complied the Court’s order.
5. Considering the fact that the petitioner has not
complied with the earlier order of this Court, the present
application for modification is hereby rejected.
(Dr. Anshuman, J)
Mkr./-
U T
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