Patna High Court

Guddu Chaudhary @ Guddu KumarversusThe State of Bihar

Decided: 3 April 2026
Disposal: DISMISSED
Bench: SATYAVRAT VERMA

Holding

The court held that it cannot extend the surrender period under such circumstances and dismissed the modification application.

Summary

Guddu Chaudhary, the petitioner, had been granted anticipatory bail with a stipulated period for surrender to the court. He filed a modification application seeking an extension of the surrender period after the original deadline had passed and without having moved the court before the expiry. The learned counsel for the State opposed the request. Justice Satyavrat Verma observed that the court consistently refuses to extend the surrender period when the petitioner fails to surrender within the time fixed or does not seek modification before the deadline. Consequently, the petition for modification was dismissed.

Issues considered

Whether the court can extend the period of surrender in an anticipatory bail order when the petitioner has not surrendered within the stipulated time and has not applied for modification before the expiry.

Subjects

anticipatory bail
surrender
modification application
criminal procedure
high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.22620 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.82033 of 2025
                   Arising Out of PS. Case No.-533 Year-2025 Thana- HARSIDHI District- East Champaran
                  ======================================================
                  Guddu Chaudhary @ Guddu Kumar son of Mohan Chaudhary Village-
                  Matiaria Sareya Khurd, PS- Harsiddhi, Dist- East Champaran
                                                                              ... ... Petitioner/s
                                                    Versus
                  The State of Bihar
                                                                       ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Amit Kumar
                  For the Opposite Party/s :       Mr.Suresh Prasad Singh
                  ======================================================
                  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.    The Court is taking a consistent view of not

                    extending the period of surrender in the event if the petitioner

                    has not surrendered within the time stipulated in the order by

                    which petitioner was granted anticipatory bail or has not moved

                    the court seeking modification of the order prior to the date of

                    surrender expiring.

                              3.    Accordingly, the instant modification application is

                    dismissed.



                                               (Satyavrat Verma, J)
Sumit/-
U       T

Continue reading with your account

Checking your session…