Patna High Court
Chhotu Kumar @ Amarjeet @ Amarjeet Kumar @ Amarjeet AryanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court modified the anticipatory bail order, extending the surrender date and imposing new bail bond conditions, while retaining its power to verify antecedents under Section 482(2) of the BNSS.
Summary
The petitioner, Chhotu Kumar, had been granted anticipatory bail on 3 February 2026 with a requirement to surrender within six weeks and to deposit Rs.5,000 with the Advocates’ Association. He attempted to surrender on 24 February 2026, but the court refused because the deposit had not been made, prompting him to file a modification application on 12 March 2026 before the surrender deadline expired. The High Court considered whether the modification could be entertained despite the unmet deposit condition and whether the surrender deadline could be extended. Relying on the fact that the application was filed before the original deadline and invoking its inherent powers under Section 482(2) of the BNSS, the court allowed the modification. It extended the surrender date to 18 April 2026, stipulated a bail bond of Rs.15,000 with two sureties, and conditioned confirmation of the anticipatory bail on verification of the petitioner’s criminal antecedents.
Issues considered
- Whether a modification application filed before the expiry of the surrender deadline can be entertained despite non‑deposit of the stipulated amount.
- Whether the High Court can extend the surrender date and alter the conditions of anticipatory bail under its inherent powers.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- modification application
- surrender deadline
- Section 482
- High Court inherent powers
- bail bond conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23849 of 2026
In
CRIMINAL MISCELLANEOUS No.5790 of 2026
Arising Out of PS. Case No.-357 Year-2025 Thana- PIRBAHOR District- Patna
======================================================
Chhotu Kumar @ Amarjeet @ Amarjeet Kumar @ Amarjeet Aryan S/o
Munna Prasad Sharma R/O Village- Gandhi Chowk, Sampatchak, P.S-
Pirbahore, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Narain Sinha
For the Opposite Party/s : Mr.Anish Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The learned counsel for the petitioner submits that
petitioner was granted the iprivilege of anticipatory bail by an
order dated 03.02.2026 in Cr. Misc. No.5790 of 2026 with a
direction to the petitioner to surrender within a period of six
weeks. Further, at Para-8 of the order dated 03.02.2026 in Cr.
Misc. No.5790 of 2026, it was recorded:- “At this stage, the
learned counsel for the petitioner, based on instruction,
undertakes to deposit an amount of Rs.5,000/- with Advocates’
Association, Patna High Court within a period of two weeks
from today.”
Patna High Court CR. MISC. No.23849 of 2026(2) dt.10-04-2026
2/4
3. The learned counsel for the petitioner submits that
the order dated 03.02.2026 in Cr. Misc. No.5790 of 2026 was
not hedged with a condition that if the amount of Rs.5,000/- is
not deposited with Advocates’ Association, Patna High Court
within a period of two weeks, in that event, the provisional
anticipatory bail bail bonds of the petitioner shall not be
accepted.
4. It is next submitted that in terms of the order dated
03.02.2026 in Cr. Misc. No.5790 of 2026, the last date for
surrendering was 20.03.2026, as such, petitioner on 24.02.2026
after serving a copy on the learned P. P. went to file an
application for surrendering, but then, the same was not
accepted on the ground that petitioner had not deposited an
amount of Rs.5,000/- with Advocates’ Association, Patna High
Court within a period of two weeks, as such, petitioner filed the
instant modification application on 12.03.2026 seeking
modification of the order dated 03.02.2026 in Cr. Misc. No.5790
of 2026 with a prayer to extend the time for surrender. It is
further submitted that modification application was filed prior to
the date of surrender expiring.
5. After hearing the learned counsel for the parties,
the learned A.P.P. also fairly submits that the modification
Patna High Court CR. MISC. No.23849 of 2026(2) dt.10-04-2026
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application was filed prior to the date of surrender lapsing.
6. After hearing the learned counsel for the parties,
the modification application is being entertained only for the
reason that the same was filed prior to date of surrender
expiring.
7. In view of the submissions made by the learned
counsel for the petitioner, if petitioner surrenders on or before
18.04.2026, his provisional anticipatory bail bonds shall be
accepted on furnishing bail bonds of Rs.15,000/- (Rupees
Fifteen Thousand) with two sureties of the like amount each to
the satisfaction of the learned Trial Court where the case is
pending/successor court in connection with Pirbahor P.S. Case
No. 357 of 2025, subject to the conditions as laid down under
Section 482 (2) of the BNSS.
8. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event, if it is found that petitioner has antecedent of more
than three cases then it would be presumed that petitioner, for
the purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of three
Patna High Court CR. MISC. No.23849 of 2026(2) dt.10-04-2026
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cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
9. The order dated 03.02.2026 in Cr. Misc. No.5790
of 2026 is modified to the extent as indicated above.
(Satyavrat Verma, J)
vikash/-
U T
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