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Patna High Court

Golu KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The modification petition is dismissed as there is no appropriate ground to alter the anticipatory bail condition.

Summary

Golu Kumar, a 19‑year‑old, had been granted anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (A) Act, 2022, with a condition to surrender within six weeks. He failed to surrender on time because of a communication gap between his counsel and the substitute counsel, leading to confusion about the surrender procedure. He filed a modification petition seeking relief from the surrender condition. The High Court examined whether there were sufficient grounds to alter the bail order. Finding no substantive reason to modify the original condition, the Court dismissed the modification petition.

Issues considered

  • Whether the modification petition seeking alteration of the anticipatory bail condition for surrender is maintainable in view of the petitioner’s delay caused by alleged communication gaps.

Subjects

  • anticipatory bail
  • modification petition
  • surrender
  • procedural delay
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30494 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.10089 of 2026
                     Arising Out of PS. Case No.-914 Year-2024 Thana- KADAMKUAN District- Patna
                 ======================================================
                 Golu Kumar, Gender-Male, aged about 19 years, S/o Raju Shahni @ Raj
                 Sahani, Resident of East Lohanipur, Railway Hunder Road, Police Station-
                 Kadamkuan, Distt.- Patna, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rohit Kumar, Advocate
                 For the Opposite Party/s :      Mr. Md. Nazir Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

2   01-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (A) Act, 2022.

                                3. This is the modification petition filed by the learned

                   counsel for the petitioner and he submits that the petitioner was

                   granted anticipatory bail vide order dated 17.02.2026 passed in

                   Cr. Misc. No.10089 of 2026 with an observation that the

                   petitioner “in the event of his arrest or surrender before the trial

                   Court within six weeks from today” but the petitioner could not

                   surrender within time due to a communication gap between the
          Patna High Court CR. MISC. No.30494 of 2026(2) dt.01-05-2026
                                                      2/2




                    learned counsel and the pairvikar, the petitioner could not

                    receive timely guidance which resulted in bonafide confusion

                    regarding the procedure of surrender before the court below and

                    consequently led to an inadvertent and unintentional delay in

                    surrender as stated in para-5 of the petition.

                                 4. In view of the above submissions of learned

                    counsel for the petitioner and also there is no appropriate ground

                    to consider the modification petition, so this Court is not

                    inclined to allow the modification petition.

                                 5. Accordingly, the modification petition is dismissed.




                                                (Ramesh Chand Malviya, J)
Brajesh Kumar/-
U       T


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