Patna High Court

Raushan Kumar SahversusThe State of Bihar

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

Holding

The court will not extend the surrender period where the petitioner has not surrendered within the time stipulated or has failed to seek modification before the expiry.

Summary

The petitioner, Raushan Kumar Sah, who had been granted anticipatory bail, filed an application seeking modification of the order to extend the period within which he must surrender to the court. The State opposed the application. The learned judge examined whether the surrender period could be extended after the stipulated deadline or when the petitioner had not applied for modification before the expiry. Relying on a consistent judicial approach, the court held that it will not extend the surrender period in such circumstances. Consequently, the petition for modification was dismissed.

Issues considered

Whether the court may extend the surrender period prescribed in an anticipatory bail order when the petitioner has not surrendered within the stipulated time or has not applied for modification before the expiry

Subjects

anticipatory bail
surrender
modification of order
criminal procedure
high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.23435 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.73299 of 2025
                   Arising Out of PS. Case No.-180 Year-2025 Thana- PHENHARA District- East Champaran
                  ======================================================
                  Raushan Kumar Sah Nagendra Sah Alias Rajendra Das Village Devkuliya PS
                  Phenhara Distt East Champaran
                                                                          ... ... Petitioner/s
                                                Versus
                  The State of Bihar
                                                                   ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Suresh Prasad Bhakta
                  For the Opposite Party/s :       Mr.Narsingh Tanti
                  ======================================================
                  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

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