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Patna High Court

ARUN SINGHversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court exercised its power to modify the original order and extended the time for surrender and furnishing bail bonds by four weeks.

Summary

The petitioners filed a modification application seeking an extension of time to surrender themselves and furnish bail bonds as ordered on 29-04-2025 in Criminal Appeal (SJ) No.3981/2022. Petitioner No.1, a long‑serving private‑sector employee, claimed he could not obtain leave to appear, while Petitioner No.2, a truck driver, asserted he believed bail had already been granted and therefore did not appear. The court considered the reasons provided and exercised its inherent power to modify procedural orders. It granted a four‑week extension from the date of the hearing for the petitioners to comply with the bail conditions. The modification application was consequently disposed of, with the extension order pronounced.

Issues considered

  • Whether the High Court can extend the time for surrender and furnishing bail bonds under the original order in a criminal appeal

Subjects

  • bail
  • modification of order
  • extension of time
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25798 of 2026
                                               In
                                 CRIMINAL APPEAL (SJ) No.3981 of 2022
                      Arising Out of PS. Case No.-12 Year-2020 Thana- DHIBRA District- Aurangabad
                 ======================================================
           1.     ARUN SINGH S/O SURESH SINGH
           2.    Arunjay Singh S/o Late Surendra Singh
                 Both R/o vill - Kolhara, P.S.- Dhhibra, Distt.- Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashok Kumar Alias Ashok Karn, Advocate
                 For the Opposite Party/s :       Mr.Binay Krishna, Spl.PP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-04-2026                  Heard Mr.Ashok Kumar Alias Ashok Karn, learned

                   counsel for the petitioners and Mr.Binay Krishna, learned

                   Spl.PP for the State.

                                2. The present modification application is filed for

                   modification (extension of time) of the order dated 29.04.2025

                   passed in Cr. Appeal (SJ) No.3981/2022.

                                3. Learned counsel for the petitioners submits that

                   petitioner No.1 is working in a private company for a long time

                   and he has not taken leave for last one year and due to some

                   misunderstanding he could not come for furnishing his bail

                   bond in the lower court. Further submits that the petitioner No.2

                   is a driver of truck and he had knowledge about the bail but he
               Patna High Court CR. MISC. No.25798 of 2026(2) dt.17-04-2026
                                                           2/2




                         thinks that bail has been granted so he has not appeared to

                         furnish his bail bond.

                                      4. For the reasons stated in the modification petition,

                         the time for surrender of petitioners and furnishing bail bonds

                         granted in terms of order dated 29.04.2025 passed in Cr. Appeal

                         (SJ) No.3981/2022 is extended by four weeks from today.

                                      5. Accordingly, this modification application stands

                         disposed of.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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