Patna High Court

Merolal Sahani Alias Meralal SahaniversusThe State of Bihar

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

Holding

The court held that the time of surrender cannot be extended if the petitioner has not surrendered within the time fixed in the anticipatory bail order.

Summary

The petitioner, Merolal Sahani, filed a criminal miscellaneous application seeking modification of the time of surrender granted in an anticipatory bail order. The petitioner had not surrendered within the period specified in the original bail order. The State opposed the modification. The Court examined whether the surrender deadline could be extended when the petitioner failed to comply with the original timeframe. Relying on a consistent judicial view, the Court held that such an extension is not permissible. Consequently, the application for modification was dismissed.

Issues considered

Can the time of surrender under an anticipatory bail order be extended when the petitioner has not surrendered within the period originally stipulated?

Subjects

anticipatory bail
surrender deadline
modification application
criminal procedure
bail

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7301 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.67670 of 2024
                    Arising Out of PS. Case No.-560 Year-2019 Thana- SUGAULI District- East Champaran
                  ======================================================
                  Merolal Sahani Alias Meralal Sahani Kailash Sahani Mushwa Bherihar
                  Bhedihari Ps Sugauli District East Champaran

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Rajesh Kumar, Advocate
                  For the Opposite Party/s :       Mr. Kanhiya Kishor, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

2    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.

                                     3. Accordingly, the modification application is

                    dismissed.



                                                          (Satyavrat Verma, J)
Rishabh/-

U      T

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