Patna High Court

Manish Kumar @ Golu @ Manish Kumar PrasadversusTHE STATE OF BIHAR

Decided: 30 January 2026
Disposal: DISMISSED
Bench: SATYAVRAT VERMA

Holding

The court will not extend the surrender period where the petitioners have not surrendered within the stipulated time and have not applied for modification before the expiry.

Summary

Manish Kumar and Anil Prasad were granted anticipatory bail by the Patna High Court with a condition to surrender within a specified period. They failed to surrender within that time and did not file an application seeking modification before the deadline expired. The petitioners filed a modification application requesting an extension of the surrender period. The Court, adhering to its consistent practice, held that it will not extend the surrender period when the condition has already lapsed and no prior application for modification was made. Consequently, the Court dismissed the modification application.

Issues considered

Whether the court can extend the surrender period after the stipulated time in an anticipatory bail order has expired
Whether a petition for modification of surrender conditions must be filed before the original surrender deadline

Subjects

anticipatory bail
surrender
modification
criminal procedure
high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.4606 of 2026
                                                In
                                CRIMINAL MISCELLANEOUS No.61591 of 2024
                     Arising Out of PS. Case No.-552 Year-2023 Thana- BHOJPUR COMPLAINT CASE
                                                     District- Bhojpur
                  ======================================================
            1.     Manish Kumar @ Golu @ Manish Kumar Prasad S/O Anil Prasad @ Anil
                   Kahar @ Anil Kumar R/O Village- Amarai Nawada (Amrainawada), P.S-
                   Bihiya, Distt.- Bhojpur.
            2.     Anil Prasad @ Anil Kahar @ Anil Kumar S/O Vishwanath Kahar R/O
                   Village- Amarai Nawada (Amrainawada), P.S- Bihiya, Distt.- Bhojpur.
                                                                             ... ... Petitioner/s
                                                   Versus
                  The State Of Bihar Advocate General Bihar Patna
                                                                      ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Sandip Kumar Gautam
                  For the Opposite Party/s :      Mr.Narsingh Tanti
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

2    30-01-2026               1.    Heard learned counsel for the petitioners and learned

                    A.P.P. for the State.

                              2.    The Court is taking a consistent view of not extending

                    the period of surrender in the event if the petitioners have not

                    surrendered within the time stipulated in the order by which

                    petitioners were granted anticipatory bail or have not moved the

                    court seeking modification of the order prior to the date of surrender

                    expiring.

                              3.    Accordingly, the instant modification application is

                    dismissed.



                                               (Satyavrat Verma, J)
Sumit/-
U       T

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