Patna High Court

Pallu Kumar @ Pappu KumarversusThe State of Bihar

Decided: 6 February 2026
Disposal: DISMISSED
Bench: SATYAVRAT VERMA

Holding

The Court rejected the modification application, holding that surrender time cannot be extended after it has lapsed.

Summary

Petitioner Pallu Kumar was granted anticipatory bail with a stipulated surrender date. He failed to surrender within the prescribed time and subsequently filed an application seeking modification of the bail order to extend the surrender period. The Court examined whether it could extend the surrender time after the original deadline had passed. Relying on a consistent judicial view, the Court held that such an extension is not permissible once the surrender period has lapsed. Consequently, the petition for modification was rejected.

Issues considered

Can a court extend the surrender time in an anticipatory bail order after the original surrender period has expired?
Is a modification application permissible when filed after the surrender deadline has passed?

Subjects

anticipatory bail
surrender deadline
modification of bail
criminal procedure
court order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.51369 of 2025
                                               In
                               CRIMINAL MISCELLANEOUS No.37950 of 2020
                        Arising Out of PS. Case No.-658 Year-2019 Thana- MASAUDHI District- Patna
                  ======================================================
                  Pallu Kumar @ Pappu Kumar S/o- Nagendra Prasad @ Nagandra Prasad
                  Resident of village- Puranchak, P.S.- Masaurhi, Dist- Patna
                                                                                 ... ... Petitioner/s
                                                      Versus
                  The State of Bihar
                                                                          ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Lallu Prasad, Advocate
                  For the Opposite Party/s :       Mr. Akshay Lal Pandit, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

4    06-02-2026                  1. Heard learned counsel for the petitioner and the

                    learned APP for the State.

                                 2. The Court is taking a consistent view of not

                    extending the time of surrender, if the petitioner has not

                    surrendered within the time stipulated in the order by which he

                    was granted the anticipatory bail and the petitioner has moved

                    for getting the order modified, after the period of surrender

                    lapsed.

                                 3. Accordingly, the modification application is

                    rejected.



                                                          (Satyavrat Verma, J)
Rishabh/-

U      T

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