Patna High Court
Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The modification petition is allowed, subject to payment of Rs. 500 and an extension of the surrender period by four weeks.
Summary
The petitioner, Sanjay Kumar, was granted anticipatory bail on 21 May 2025 in Criminal Miscellaneous No. 34620/2025. He failed to surrender within the stipulated time, citing illness, and filed a modification petition on 15 January 2026 seeking an extension to furnish the bail bond. The petitioner submitted a supplementary affidavit stating that he had not been in judicial custody between the bail order and the filing of the petition. The Court examined the affidavit, noted the absence of custody, and allowed the modification petition. It ordered the petitioner to pay Rs. 500 to the Patna High Court Legal Services Committee and extended the surrender period by an additional four weeks, while directing verification of the affidavit’s correctness.
Issues considered
- Whether the Court can modify and extend the time for furnishing a bail bond under an anticipatory bail order.
- Whether the petitioner’s claim of not being in judicial custody affects the grant of modification.
Subjects
- anticipatory bail
- modification of bail
- extension of time
- bail bond
- legal services committee
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3148 of 2026
In
CRIMINAL MISCELLANEOUS No.34620 of 2025
Arising Out of PS. Case No.-141 Year-2024 Thana- KOCHADHAMAN District- Kishanganj
======================================================
Sanjay Kumar Son of Kalanand Ram Resident of Village- Khirochowk,
Bhatta Bazar @ Bhatta Bazar, Ward no. 27, Ps- Purnea, Dist- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amritanshu Dangi, Adv.
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 13-02-2026 Heard the parties.
2. The present application has been preferred for
modification and extension of time for furnishing bail bond in
the order dated 21.05.2025 passed Anticipatory bail in Cr. Misc.
No. 34620/2025 by this Court (Arising out of Kochadhaman
P.S. Case No. 141 of 2024).
3. An order was passed on 21.05.2025 in Cr. Misc.
No. 34620 of 2025 allowing the anticipatory bail application of
the petitioner.
4. The present modification petition has been filed
submitting that he was ill and as such, could not surrender in
time and thus wants extension of time.
5. By way of supplementary affidavit in paragraph 10
Patna High Court CR. MISC. No.3148 of 2026(3) dt.13-02-2026
2/2
and 11, it has been recorded that between 21.05.2025 till the
filing of the petition on 15.01.2026, the petitioner was not in
judicial custody.
6. Considering the aforesaid fact, the modification
petition is allowed subject to payment of Rs. 500/- to Patna
High Court Legal Services Committee.
7. The period of surrender is further extended by
further four weeks.
8. However, the Court concerned shall verify the
correctness of the statement made in the supplementary affidavit
that he was not in judicial custody between 21.05.2025 and
15.01.2026.
(Rajiv Roy, J)
Vijay Singh/-
U T
Checking your session…