Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- R P MISHRA
Holding
The modification application for anticipatory bail is dismissed as there is no merit.
Summary
The petitioner, Rakesh Kumar, was granted anticipatory bail on 25 July 2025 in Criminal Miscellaneous No. 50414 of 2025, with a direction to surrender before the lower court within six weeks and to furnish bail bonds of Rs.10,000 with two sureties. He claimed he could not comply because he was undergoing treatment for jaundice from 15 July to 16 November 2025 and therefore could not furnish the bail bond. The petitioner filed an application seeking modification of the anticipatory bail order on the ground of his illness. The court observed that the six‑week period had elapsed, the petitioner neither surrendered nor applied for an extension, and his medical condition did not justify a modification. Consequently, the court found no merit in the petitioner's request and dismissed the modification application.
Issues considered
- What is the appropriate judicial response when a petitioner fails to surrender within the stipulated period and does not seek an extension, citing medical illness?
Subjects
- anticipatory bail
- modification
- surrender deadline
- bail bond
- non‑compliance
- medical illness
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 27082 of 2026
In
CRIMINAL MISCELLANEOUS No.50414 of 2025
Arising Out of PS. Case No.-53 Year-2025 Thana- NAUBATPUR District- Patna
======================================================
Rakesh Kumar S/O Jitendra Rai R/O Gohi Tara, Govindpur Khajuri, P.S.-
Bishunpur, Dist.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr.Abhay Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 17-04-2026 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 25.07.2025 passed in Criminal
Miscellaneous No. 50414 of 2025 by which the petitioner was
granted anticipatory bail in the event of arrest/surrender before
the learned Court below within a period of six weeks, in
connection with Naubatpur P.S. Case No. 53 of 2025, to the
satisfaction of Court below.
3. Learned counsel for the petitioner submits that the
petitioner was granted anticipatory bail vide order dated
25.07.2025 passed in Criminal Miscellaneous No. 50414 of
2025 with direction to surrender before the learned Court below
within a period of six weeks and petitioner be released on
anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rs.
Patna High Court CR. MISC. No. 27082 of 2026(2) dt.17-04-2026
2/2
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the Court below/concerned Court in connection
with Naubatpur P.S. Case No. 53 of 2025. He further submits
that petitioner was suffering from Jaundice for which he was
under treatment in Shyama Trust Hospital and Research, Patna
from 15.07.2025 to 16.11.2025. The aforesaid Hospital has
granted certificate on the prescription that the petitioner was
under treatment since 15.07.2025 to 16.11.2025. As such, the
petitioner could not furnish his bail bond.
4. From perusal of the record, it appears that
petitioner was granted anticipatory bail vide order dated
25.07.2025 passed in Criminal Miscellaneous No. 50414 of
2025 and despite of passing of six weeks petitioner had neither
surrendered before the learned court below nor moved any
application before this Court for extension of time.
5. Considering the above, this Court finds no merit in
the submission made on behalf of the petitioner.
6. The modification application is, accordingly,
dismissed.
(Rudra Prakash Mishra, J)
manish/-
U
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