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Patna High Court

Usha DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court allowed the modification, granting a four‑week extension for surrender while leaving the rest of the anticipatory bail order unchanged.

Summary

The petitioners, a family from Jagodih village, were granted anticipatory bail on 17 September 2025 in connection with a police case, subject to surrendering within six weeks. They were unable to surrender within the stipulated period because they were out of the state for livelihood reasons and their employer denied leave due to the Chhath Puja festival. They filed an application seeking a further four‑week extension to comply with the surrender requirement. The High Court, after considering the circumstances, granted the requested four‑week extension while keeping the rest of the original bail order intact. The court held that modification of an anticipatory bail order is permissible when justified by genuine hardship. Consequently, the application for modification was allowed.

Issues considered

  • Whether an anticipatory bail order can be modified to extend the period for surrendering before the court

Subjects

  • anticipatory bail
  • modification of order
  • surrender deadline
  • criminal procedure
  • extension of time

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3144 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.65756 of 2025
                         Arising Out of PS. Case No.-59 Year-2025 Thana- AMJOR District- Rohtas
                 ======================================================
           1.     Usha Devi Wife of Rajendra Singh R/o Village- Jagodih, P.S.- Amjhor, Dist.-

                 Rohtas.
           2.    Rajendra Singh Son of Sitaram Singh R/o Village - Jagodih, P.S. - Amjhor,

                 Dist. - Rohtas.
           3.    Amrita Kumari D/o Rajendra Singh R/o Village - Jagodih, P.S. - Amjhor,

                 Dist. - Rohtas.
           4.    Kaushal Kumar Son of Rajendra Singh R/o Village - Jagodih, P.S. - Amjhor,

                 Dist. - Rohtas.
           5.    Aryan Kumar @ Aryan Son of Rajendra Singh R/o Village - Jagodih, P.S. -

                 Amjhor, Dist. - Rohtas.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ashutosh Tripathy, Advocate
                 For the Opposite Party/s :        Mr.Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   30-01-2026                   Heard learned counsel for the petitioners and learned

                   counsel for the State.

                                 2. This application has been filed for modification of

                   the order dated 17.09.2025 passed in Cr. Misc. No. 65756 of

                   2025 (Annexure-1) by which the petitioners were granted

                   anticipatory bail in connection with Amjhor P.S. Case No.59 of
Patna High Court CR. MISC. No.3144 of 2026(2) dt.30-01-2026
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          2025.

                       3. Learned counsel for the petitioners submits that the

          petitioners were granted anticipatory bail vide order dated

          17.09.2025 passed in Cr. Misc. No. 65756 of 2025 arising out of

          Amjhor P.S. Case No. 59 of 2025, subject to their surrender or

          arrest within six weeks from the date of the order. However, the

          petitioners could not surrender within the stipulated period as

          they were outside the State for their livelihood. After learning

          about the grant of anticipatory bail, they immediately

          approached their employer for granting leave to comply with the

          order, but the same was refused due to exigencies related to

          Chhath Puja, and as such, the petitioners could not surrender

          within the stipulated period. Learned counsel, therefore, prays

          for an extension of four weeks’ time to enable the petitioners to

          surrender before the court below in compliance with the

          aforesaid order.

                       4. Having regard to the facts and circumstances of the

          case, four weeks’ further time from today is granted to the

          petitioners to surrender before the Court below in terms of the

          order dated 17.09.2025 passed in Cr. Misc. No. 65756 of 2025.

                       5. Rest part of the order dated 17.09.2025 passed in

          Cr. Misc. No. 65756 of 2025 shall remain intact.
           Patna High Court CR. MISC. No.3144 of 2026(2) dt.30-01-2026
                                                       3/3




                                  6. The modification application stands allowed.



                                                  (Khatim Reza, J)
shyambihari/-

U      T


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