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Patna High Court

Pramod KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court extended the surrender period by two weeks, subject to a Rs.10,000 deposit in the Benevolent Fund.

Summary

The petitioner, Pramod Kumar, filed an application seeking modification of an anticipatory bail order dated 16-10-2025, which required him to surrender within four weeks. He claimed that due to a disease rendering him unable to walk, he could not meet the surrender deadline. The petitioner requested an additional two weeks to surrender before the District Court. The court, after considering the petitioner's health condition, extended the surrender period by two weeks from the date of the order, imposing a condition that the petitioner deposit Rs.10,000 in the Benevolent Fund of the Advocate Association. The application was allowed, and the modified terms were ordered.

Issues considered

  • Whether the court may extend the time for surrender under an anticipatory bail order on account of the petitioner's health condition
  • Whether imposing a monetary deposit as a condition for the extension is permissible

Subjects

  • anticipatory bail
  • modification of order
  • surrender
  • extension of time
  • health grounds
  • Benevolent Fund

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2569 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.72218 of 2025
                       Arising Out of PS. Case No.-590 Year-2025 Thana- FATEHPUR District- Gaya
                 ======================================================
                 Pramod Kumar S/O- Khiru Yadav R/O Village- Bagai, P.S- Gurpa, Distt.-
                 Gaya.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Prithivi Raj Singh
                 For the Opposite Party/s :       Mr.Syed Ehteshamuddin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   16-01-2026            1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                          2. The present application has been filed for modification

                   of the order dated 16.10.2025 passed in Cr. Misc. No. 72218 of

                   2025 whereby the present petitioner has been granted privilege

                   of anticipatory bail subject to the condition that the petitioner

                   shall surrender before the learned court below within a period of

                   four weeks from the date of order.

                          3. Learned counsel for the petitioner submits that the

                   petitioner could not surrender within time since at the relevant

                   point of time he was suffering from disease and also unable to

                   walk. He, accordingly, prays for further two weeks time to

                   surrender before the learned District Court.
               Patna High Court CR. MISC. No.2569 of 2026(2) dt.16-01-2026
                                                           2/2




                                4. Having regard to the submissions made on behalf of the

                         petitioner, let the time granted by this Court to surrender before

                         the learned court below by order dated 16.10.2025 passed in Cr.

                         Misc. No. 72218 of 2025 be extended by further two weeks

                         from today subject to the condition that the petitioner shall

                         deposit Rs. 10,000/- in the Benevolent Fund, Advocate

                         Association, Patna High Court.

                                5. Accordingly, this application is allowed to the extent

                         indicated above.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T


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