Patna High Court
Amit Kumar Sharma @ AmitversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court modified the anticipatory bail order, extending the surrender period by four weeks subject to payment of interim maintenance arrears.
Summary
The petitioner, Amit Kumar Sharma, had been granted anticipatory bail in Cr. Misc. No.25542 of 2025 with a condition to surrender within a stipulated time. He applied for modification of that order, stating that he had travelled out of the state for livelihood and could not surrender as required. The court considered the petitioner's submission and the grounds raised in the modification application. It extended the surrender period by four weeks, subject to the condition that the petitioner pay the arrears of interim maintenance ordered earlier. All other conditions of the original anticipatory bail order were left unchanged and the modification application was disposed of.
Issues considered
- Whether the anticipatory bail order can be modified to extend the surrender period on account of the petitioner being out of state
Subjects
- anticipatory bail
- modification of bail order
- surrender
- interim maintenance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7289 of 2026
In
CRIMINAL MISCELLANEOUS No.25542 of 2025
Arising Out of PS. Case No.-545 Year-2022 Thana- MADHEPURA COMPALINT CASE
District- Madhepura
======================================================
Amit Kumar Sharma @ Amit S/O Shyam Dev Sharma Resident of Village-
Raghunathpur, Ward No. 03, P.S- Jadia, Dist.- Supaul.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Hina Kumari W/O Amit Kumar Sharma D/O Shalendra Sharma, R/O
Village- Raghunathpur, Ward No. 03, P.S- Jadia, Distt.- Supaul. Present R/O
Village- Bishanpur Bazar, P.S- Kumarkhand, Distt.- Madhepura.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rupesh Kumar
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala
======================================================
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 15-10-2025 passed in Cr. Misc.
No. 25542 of 2025 by which the petitioner was granted
anticipatory bail.
3. It is submitted on behalf of the petitioner that he
had gone outside the state for earning his livelihood and that is
why, he could not surrender within the stipulated time. It is
further prayed on behalf of the counsel for the petitioner that
Patna High Court CR. MISC. No.7289 of 2026(2) dt.06-02-2026
2/2
further time may be extended so that the petitioner could
surrender in the court below.
4. Considering the submissions made on behalf of the
learned counsel for the petitioner and the grounds mentioned in
the modification application, the order dated 15-10-2025 passed
in Cr. Misc. No. 25542 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 condition that the petitioner shall pay the arrears of
interim maintenance, granted by this court by the order
dated 15-10-2025 passed in Cr. Misc. No. 25542 of 2025 at
the time of furnishing bail bonds.
5. The rest of the conditions shall remain the same as
mentioned in the order dated 15-10-2025 passed in Cr. Misc.
No. 25542 of 2025.
6. Accordingly, this modification application stands
disposed of.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U
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