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Patna High Court

PRATYUSH KUMARversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that the surrender period cannot be extended if the petitioners have not surrendered within the time stipulated or have not sought modification before the expiry of that period.

Summary

The petitioners, four individuals from Pachoi village, were granted anticipatory bail by the Patna High Court with a condition to surrender by a specified date. They later filed a modification application seeking an extension of the surrender period. The State opposed the application, arguing that the surrender deadline had already lapsed. Justice Satyavrat Verma observed that the court consistently refuses to extend the surrender period when the petitioners have neither surrendered within the stipulated time nor applied for modification before the deadline. Consequently, the court dismissed the modification application. The dismissal upholds the principle that surrender deadlines are strict unless timely modification is sought.

Issues considered

  • Whether a court can extend the surrender period after the original deadline has expired
  • Whether a modification of anticipatory bail conditions is permissible when the petitioner fails to surrender within the stipulated time

Subjects

  • anticipatory bail
  • surrender deadline
  • modification of bail order
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2327 of 2026
                                               In
                                 CRIMINAL APPEAL (SJ) No.1332 of 2024
                      Arising Out of PS. Case No.-430 Year-2023 Thana- KHIJARSARAI District- Gaya
                 ======================================================
           1.     PRATYUSH KUMAR S/O- AJAY YADAV R/O- VILLAGE- PACHOI, P.S.-
                  KHIZERSARAI, DIST.- GAYA JI
           2.    PREM KUMAR S/O- RAMJATAN YADAV @ RAMJAYAPAL YADAV
                 R/O- VILLAGE- PACHOI, P.S.- KHIZERSARAI, DIST.- GAYA JI
           3.    SHASHI KUMAR @ SASHI KUMAR S/O- MAHENDRA KUMAR @
                 MAHENDRA YADAV R/O- VILLAGE- PACHOI, P.S.- KHIZERSARAI,
                 DIST.- GAYA JI
           4.    AMIT KUMAR @ AMEET KUMAR S/O- AJAY YADAV R/O- VILLAGE-
                 PACHOI, P.S.- KHIZERSARAI, DIST.- GAYA JI

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Patna
           2.    DHARMENDRA CHAUDHARY S/O- LATE NANKU CHAUDHARY
                 R/O- VILLAGE- PACHOI, P.S.- KHIZERSARAI, DIST.- GAYA JI

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Syed Asgher Najmi, Adv
                                                  Mr. Ashutosh Kumar Mishra, Adv
                                                  Mr. Wagecha Jafri, Adv
                 For the Opposite Party/s :       Mr.Bhanu Pratap Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-01-2026               1.     Heard learned counsel for the petitioners 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 petitioners

                   have not surrendered within the time stipulated in the order by

                   which petitioners were granted anticipatory bail or have not

                   moved the court seeking modification of the order prior to the
              Patna High Court CR. MISC. No.2327 of 2026(2) dt.30-01-2026
                                                          2/2




                        date of surrender expiring.

                                 3.     Accordingly, the instant modification application is

                        dismissed.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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