Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The Court extended the time for surrender and furnishing bail bonds by six weeks, modifying the earlier anticipatory bail order.
Summary
The petitioner Kundan Kumar had been granted anticipatory bail on 04.11.2025 with a direction to surrender and furnish bail bonds within six weeks. He failed to comply because he was residing outside the state and could not communicate with his lawyer. He filed an application seeking a modification of the earlier order to extend the time for surrender and furnishing bail bonds, offering an unconditional apology. The Additional Public Prosecutor raised no objection. The Court, satisfied that the non‑compliance was not deliberate and was due to bona‑fide reasons, extended the surrender period by another six weeks on the same terms, thereby modifying the earlier order. The application for modification was allowed.
Issues considered
- Whether the petitioner can be granted an extension of time to surrender and furnish bail bonds under the anticipatory bail order
- Whether the Court can modify its earlier anticipatory bail order on the ground of bona‑fide inability to comply
Subjects
- anticipatory bail
- modification of order
- extension of time
- bail bonds
- High Court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6891 of 2026
In
CRIMINAL MISCELLANEOUS No.73468 of 2025
Arising Out of PS. Case No.-437 Year-2025 Thana- BARH District- Patna
======================================================
Kundan Kumar S/o- Bhaso Prasad Yadav @ Bhaso Yadav @ Bhaso Prasad
Village- Milkipar PS- Barh District- Patna and at present Village-
Budhanichak Police Station- Barh District- Patna
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Anjana, Advocate
Mr. Shiv Kumar Prasad, Advocate
Mr. Sanjay Kumar @ S.K., Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 This application has been filed for modification of the
order dated 04.11.2025 passed in Criminal Miscellaneous No.
73468 of 2025, whereby the petitioner was granted the privilege
of anticipatory bail with a direction to surrender and furnish bail
bonds within a period of six weeks.
2. Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
3. Learned counsel for the petitioner submits that no
earlier application for modification has been filed by the
petitioner. It is further submitted that the petitioner, along with
one other accused, had been granted anticipatory bail by this
Patna High Court CR. MISC. No.6891 of 2026(2) dt.06-02-2026
2/3
Court vide order dated 04.11.2025 passed in Criminal
Miscellaneous No. 73468 of 2025. However, the petitioner
could not surrender and furnish bail bonds within the stipulated
period of six weeks solely due to lack of proper communication
with his Pairvikar, as the petitioner was residing outside the
State for earning his livelihood and maintaining his family. It is
further submitted that the non-compliance of the order of this
Court was neither deliberate nor intentional and the petitioner
tenders his unconditional apology before this Court. A prayer
has been made for extension of time for surrender and
furnishing of bail bonds.
4. Learned Additional Public Prosecutor appearing for
the State has no objection over the same.
5. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, this
Court is satisfied that the petitioner could not comply with the
earlier order within the stipulated period due to bona fide
reasons. Accordingly, time for surrender of the petitioner for
furnishing bail bonds is extended by another six weeks from
today, on same terms and conditions as stipulated in order dated
04.11.2025 passed in Criminal Miscellaneous No. 73468 of
2025 in connection with Barh P.S. Case No. 437 of 2025 to the
Patna High Court CR. MISC. No.6891 of 2026(2) dt.06-02-2026
3/3
satisfaction of learned Additional Chief Judicial Magistrate -I,
Barh, Patna.
6. Accordingly, order dated 04.11.2025 passed in Cr.
Misc. No. 73468 of 2025 is modified to the extent stated above.
7. The present modification application, accordingly,
stands allowed.
8. Let this order be communicated to the court of
learned Additional Chief Judicial Magistate-I, Barh, Patna in
connection with Barh P.S. Case No. 437 of 2025 for needful.
(Alok Kumar Pandey, J)
Nilmani/-
U T
Checking your session…