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Patna High Court

Gaurav Kumar @ Gaurav PrasadversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court modified the anticipatory bail order, extending the surrender period by four weeks subject to a Rs.10,000 deposit and verification of criminal antecedent.

Summary

The petitioner, Gaurav Kumar, had been granted anticipatory bail on 20-11-2025 in a criminal miscellaneous case. He filed a modification application seeking an extension of the surrender deadline, citing his mother's serious illnesses that prevented timely surrender. The petitioner’s counsel argued that a further four‑week period would enable surrender in the lower court. The court considered the humanitarian grounds and the need to ensure compliance with bail conditions. It modified the original order, extending the surrender period by four weeks, subject to a deposit of Rs.10,000 with the District Legal Services Authority and verification of the petitioner’s criminal antecedent. The modification application was disposed of with the new conditions imposed.

Issues considered

  • Whether an anticipatory bail order can be modified to extend the surrender period on humanitarian grounds
  • Whether conditions such as a monetary deposit and verification of criminal antecedent can be attached to the modification

Subjects

  • anticipatory bail
  • modification of bail
  • surrender deadline
  • humanitarian grounds
  • District Legal Services Authority
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7287 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.35571 of 2025
                         Arising Out of PS. Case No.-339 Year-2024 Thana- BIHTA District- Patna
                 ======================================================
                 Gaurav Kumar @ Gaurav Prasad S/O Kamlesh Prasad R/O Village- Nonia
                 Bigha, P.S- Hilsa, Distt.- Nalanda (Bihar).

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Akash Kumar Mishra
                 For the Opposite Party/s :       Mr.Umeshanand Pandit
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   06-02-2026                  Heard learned counsel for the petitioner and the State.

                                2. The present application has been filed for

                   modification of the order dated 20-11-2025 passed in Cr. Misc.

                   No. 35571 of 2025 by which the petitioner was granted

                   anticipatory bail.

                                3. It is submitted on behalf of the petitioner that due to

                   suffering his mother from multiple ailments, he could not

                   surrender within the stipulated time. It is further prayed on

                   behalf of the counsel for the petitioner that further time may be

                   extended so that the petitioner could surrender in the court

                   below.

                                4. Considering the submissions made on behalf of the
            Patna High Court CR. MISC. No.7287 of 2026(2) dt.06-02-2026
                                                        2/2




                      learned counsel for the petitioner and the grounds mentioned in

                      the modification application, the order dated 20-11-2025 passed

                      in Cr. Misc. No. 35571 of 2025 is modified to the extent that the

                      period of surrender of the petitioner in the court below is

                      extended for a further period of four weeks from today subject

                      to deposit of an amount of Rs. 10,000/- (ten thousand) in

                      District Legal Services Authority.

                                   5. After accepting the bail bonds, the criminal

                      antecedent of the petitioner shall be verified and if, it is

                      found that he is involved in any other case except the present

                      one, the court below shall not accept the bail bonds of the

                      petitioner.

                                   6. Accordingly, this modification application stands

                      disposed of.



                                           (Nawneet Kumar Pandey, J)
A.K.V.//-

U      T


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