Patna High Court
Sohra Khatoon @ Munni @ Talhat PraveenversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SUDHIR SINGH
Holding
The Court refused to modify the anticipatory bail order due to the petitioners' inordinate delay.
Summary
The petitioners, Sohra Khatoon and Md. Izahar Alam, were granted anticipatory bail on 06-07-2021 with a twelve‑week privilege to surrender. In 2025 they approached the court to furnish the bail bond, but the trial court refused on the ground of delay. They filed an application seeking modification of the 2021 order to allow acceptance of the bail bond at this belated stage. The High Court examined the record and noted an inordinate, unexplained delay of four years between the original order and the present application. Consequently, the Court declined to modify the anticipatory bail order and dismissed the application, while indicating that any surrender before the trial court would be considered on its own merits. The decision underscores that anticipatory bail orders cannot be altered after a substantial lapse without sufficient justification.
Issues considered
- What is the effect of an inordinate delay on a petition to modify an anticipatory bail order?
- Whether the court can entertain a request to accept a bail bond after a prolonged lapse of time.
Subjects
- anticipatory bail
- modification of order
- delay
- bail bond
- Criminal Procedure Code
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63237 of 2025
In
CRIMINAL MISCELLANEOUS No.28428 of 2021
Arising Out of PS. Case No.-467 Year-2020 Thana- AKBARPUR District- Nawada
======================================================
1. Sohra Khatoon @ Munni @ Talhat Praveen Wife of Md. Izahar Alam @
Md. Izahar Resident of Guruchak (Wrongly mentioned in the F.I.R. as
Makhdumpur), P.O.- Rajhat, P.S.- Akbarpur, District - Nawada.
2. Md. Izahar Alam @ Md. Izahar Son of Mukhatar Alam Resident of
Guruchak (Wrongly mentioned in the F.I.R. as Makhdumpur), P.O.- Rajhat,
P.S.- Akbarpur and District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satya Prakash Parasar, Adv.
For the Opposite Party/s : Mr.Rajendra Singh Shastri, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 11-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The present application has been filed seeking
modification of the order dated 06.07.2021 passed in Cr. Misc.
No. 28428 of 2021, whereby the petitioners were granted the
privilege of anticipatory bail in the event of arrest or surrender
within twelve weeks.
3. Learned counsel for the petitioners submits that the
personal bail bond had earlier been accepted by the C.J.M.
Nawada. It is further submitted that when the petitioners
approached the court on 01.07.2025 to furnish the bail bonds,
Patna High Court CR. MISC. No.63237 of 2025(2) dt.11-03-2026
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the same were refused on the ground of delay. Learned counsel
further submits that Court concerned with the case may be
directed to accept the bail bond at this belated stage.
4. Having considered the submissions and upon
perusal of the records, it is evident that the order sought to be
modified was passed on 06.07.2021 and the present application
has been filed only in 2025, after an inordinate and unexplained
delay.
5. In view of the aforesaid, I am not inclined to
modify the order dated 06.07.2021 passed in Cr. Misc. No.
28428 of 2021.
6. Accordingly, the present application stands
dismissed.
7. It is made clear that if the petitioners surrender
before the learned Trial Court, their prayer for bail shall be
considered on its own merit without being prejudiced by this
order.
(Sudhir Singh, J)
Rajesh/-
U T
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