Patna High Court

Sandip Kumar SinhaversusThe State of Bihar

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

Holding

The court will not extend the surrender time if the petitioner has not surrendered within the stipulated period or has not applied before the deadline expires.

Summary

The petitioner, Sandip Kumar Sinha, had been granted anticipatory bail by the High Court with a condition to surrender to the police within a time specified in the order. He failed to surrender within that period and subsequently filed a modification application seeking an extension of the surrender deadline. The State opposed the application. The Court examined whether it could extend the surrender time when the petitioner neither surrendered within the stipulated period nor moved the Court before the deadline expired. Relying on its consistent jurisprudence, the Court held that it would not extend the surrender time in such circumstances. Consequently, the modification application was dismissed.

Issues considered

Whether a court can extend the time for surrender under anticipatory bail after the original surrender deadline has expired without a prior application.

Subjects

anticipatory bail
surrender
modification application
extension of time
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.25018 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.78143 of 2025
                         Arising Out of PS. Case No.-43 Year-2025 Thana- CHIHARA District- Jamui
                  ======================================================
                  Sandip Kumar Sinha S/o- Late Navin Kumar Sinha R/v- DAV Public School
                  Sirsiya PS- Giridih Dist- Giridih Jharkhand

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Vinay Kumar
                  For the Opposite Party/s :       Mr. Surendra Prasad Singh
                  ======================================================
                  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 expiry.

                                 3. Accordingly, the instant modification application is

                    dismissed.



                                               (Satyavrat Verma, J)
amit/-

U        T

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