Patna High Court

Suman Ram @ Suman KumarversusThe State of Bihar

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

Holding

The court will not extend the surrender period if the petitioner fails to surrender within the time fixed or does not seek modification before the deadline expires.

Summary

The petitioner, Suman Ram, filed a modification application seeking an extension of the surrender period prescribed in an anticipatory bail order. The court examined whether it could extend the surrender deadline when the petitioner had neither surrendered within the original period nor applied for modification before that deadline expired. Relying on its consistent jurisprudence, the court held that such an extension cannot be granted in the absence of a timely application. Consequently, the petition for modification was dismissed. The decision underscores the requirement for petitioners to seek any alteration to surrender terms before the original deadline lapses.

Issues considered

Can the court extend the surrender period fixed in an anticipatory bail order when the petitioner has not surrendered within the stipulated time?
Is a modification application filed after the expiry of the surrender period maintainable?

Subjects

anticipatory bail
surrender
modification application
criminal procedure
high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4827 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.22290 of 2024
                     Arising Out of PS. Case No.-137 Year-2022 Thana- MOTIHARI TOWN District- East
                                                        Champaran
                  ======================================================
                  Suman Ram @ Suman Kumar S/o Late Janakdhari Ram R/o village - Henary
                  Bazar, Meshter Toli, P. S - Town, District - East Champaran
                                                                                ... ... Petitioner/s
                                                      Versus
                  The State of Bihar
                                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Hemant Kumar
                  For the Opposite Party/s :      Mr.Raj Kishor Singh
                  ======================================================
                  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

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