Patna High Court
Dilip Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SUDHIR SINGH
Holding
The anticipatory bail order cannot be modified due to the inordinate delay and laches.
Summary
The petitioner, Dilip Kumar Yadav, was granted anticipatory bail on 07‑07‑2020 with a six‑week period to surrender. In 2025 he filed an application seeking a further four‑week extension, alleging unavoidable circumstances prevented surrender within the original time. The court observed that the application was filed after an inordinate and unexplained delay of five years. Applying the doctrine of laches, the court refused to modify the earlier anticipatory bail order. Consequently, the application was dismissed, though the court noted that a fresh bail petition may be considered if the petitioner surrenders before the trial court.
Issues considered
- Whether an order granting anticipatory bail can be modified after a delay of several years.
- Whether the doctrine of laches bars modification of the anticipatory bail order.
- Whether surrender before the trial court permits a fresh consideration of bail.
Subjects
- anticipatory bail
- modification of bail order
- delay
- laches
- surrender
- bail application
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21260 of 2025
In
CRIMINAL MISCELLANEOUS No.15565 of 2020
Arising Out of PS. Case No.-92 Year-2019 Thana- PHULPARAS District- Madhubani
======================================================
Dilip Kumar Yadav S/o Nirbhay Yadav R/o Vill- Nanpatti, PS- Phulparas,
Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Chandni Kumari, Adv.
For the Opposite Party/s : Mr.Rajendra Singh Shastri, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
3 11-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
modification of the order dated 07.07.2020 passed in Cr. Misc.
No. 15565 of 2020, whereby the petitioner was granted the
privilege of anticipatory bail in the event of arrest within six
weeks.
3. Learned counsel for the petitioner submits that due to
some unavoidable circumstances the petitioner could not
surrender within the stipulated time. It is further submitted that
further four weeks’ time may be extended so that the petitioner
could surrender in the Trial Court.
4. Having considered the submissions and upon perusal
Patna High Court CR. MISC. No.21260 of 2025(3) dt.11-03-2026
2/2
of the records, it is evident that the order sought to be modified
was passed on 07.07.2020 and the present application has been
filed only in 2025, after an inordinate and unexplained delay.
5. In view of the aforesaid, I am not inclined to modify
the order dated 07.07.2020 passed in Cr. Misc. No. 15565 of
2020.
6. Accordingly, the present application stands dismissed
on the ground of delay and laches.
7. However, it is made clear that if the petitioner
surrenders before the learned Trial Court, his prayer for bail
shall be considered on its own merit without being prejudiced
by this order.
(Sudhir Singh, J)
Rajesh/-
U T
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