Patna High Court

Uma Shanker PandeyversusThe State of Bihar

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

Holding

The court will not extend the surrender period where the petitioner has not surrendered within the stipulated time or failed to seek modification before expiry.

Summary

Uma Shanker Pandey, the petitioner, had been granted anticipatory bail with a condition to surrender within a specified period. He failed to surrender within that time and subsequently filed an application seeking modification to extend the surrender period. The State opposed the application. The Court, adhering to its consistent jurisprudence, held that it would not extend the surrender period when the petitioner neither surrendered within the stipulated time nor applied for modification before the expiry. Consequently, the petition for modification was dismissed.

Issues considered

Whether the court can extend the period of surrender after the expiry of the period stipulated in an anticipatory bail order without a prior application?

Subjects

anticipatory bail
surrender
modification application
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4710 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.42884 of 2025
                     Arising Out of PS. Case No.-248 Year-2024 Thana- BHOJPUR COMPLAINT CASE
                                                     District- Bhojpur
                  ======================================================
                  Uma Shanker Pandey S/O Late Triveni Pandey R/O Village- Diliya, P.S-
                  Chauri, Distt.- Bhojpur Ara.
                                                                     ... ... Petitioner/s
                                               Versus
            1.     The State of Bihar
            2.     Hare Krishana Sharma S/O Shivdutt Sharma R/O Village- Madanpur, P.S-
                   Narayanpur, Distt.- Bhojpur Ara.
                                                                  ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Praveen Kumar
                  For the Opposite Party/s :      Mr.Nityanand
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

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

                    has not surrendered within the time stipulated in the order by

                    which petitioner was granted anticipatory bail or has 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

Continue reading with your account

Checking your session…