Patna High Court
Golu KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAMESH CHAND MALVIYA
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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