Patna High Court

Chhabila NutversusThe State of Bihar

Decided: 10 April 2026
Disposal: DISMISSED
Bench: SATYAVRAT VERMA

Holding

The Court dismissed the modification application, refusing to extend the surrender time.

Summary

The petitioner, Chhabila Nut, had been granted anticipatory bail by the High Court with a condition to surrender to the police within a specified time. The petitioner failed to surrender within that period and subsequently filed a modification application seeking an extension of the surrender deadline. The learned counsel for the State opposed the modification, arguing that the statutory conditions should be strictly adhered to. The Court reiterated its consistent stance that it will not extend the surrender time where the petitioner has neither surrendered nor applied before the expiry of the original period. Consequently, the Court dismissed the modification application. The order reflects the principle that anticipatory bail conditions are to be complied with strictly.

Issues considered

Whether a court can extend the time for surrender under an anticipatory bail order when the petitioner has not surrendered within the stipulated period.

Subjects

anticipatory bail
modification application
surrender deadline
time extension
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.24900 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.47985 of 2025
                     Arising Out of PS. Case No.-65 Year-2025 Thana- MALAHI District- East Champaran
                  ======================================================
                  Chhabila Nut S/O Nagina Nut R/O Vill.-Sirani nut toli, P.S.- Malahi, Dist.-
                  East Champaran, Motihari

                                                                                    ... ... Petitioner/s
                                                        Versus
                  The State of Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Sumit Kumar Gupta
                  For the Opposite Party/s :       Mr. Md. Iftekhar Mahmood
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

2    10-04-2026                  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 time of surrender if the petitioner has not

                    surrendered within the time stipulated in the order by which he

                    was granted anticipatory bail or has not moved the Court prior

                    to the time of surrender expiring.

                                 3. Accordingly, the instant modification application is

                    dismissed.



                                               (Satyavrat Verma, J)
amit/-

U        T

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