Patna High Court
Usha DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
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
2/3
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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