Patna High Court
Ranjit Sinha @ Ranjit Kumar SinhaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SUDHIR SINGH
Holding
An anticipatory bail order cannot be modified when the application for modification is filed after an inordinate and unexplained delay.
Summary
The petitioner, Ranjit Sinha, had been granted anticipatory bail on 4 February 2022, with a condition to surrender within twelve weeks. He filed an application in March 2026 seeking a two‑week extension to surrender, citing unavoidable circumstances. The court examined the substantial delay of over three years between the original order and the present application. It held that such an inordinate and unexplained delay precludes modification of the anticipatory bail order. Consequently, the application for extension was dismissed, with a direction that any future surrender before the trial court will be considered on its own merits without prejudice from the earlier order.
Issues considered
- Whether an anticipatory bail order can be modified after a prolonged and unexplained delay.
Subjects
- anticipatory bail
- modification of bail order
- delay
- criminal procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81052 of 2025
In
CRIMINAL MISCELLANEOUS No.62839 of 2019
Arising Out of PS. Case No.-29 Year-2019 Thana- MAHILA P.S. District- Madhubani
======================================================
Ranjit Sinha @ Ranjit Kumar Sinha son of Late Indu Narayan Prasad
Resident Of Tilak Chauk, Goshala Road, Ward No 6, Ps -Town, Dist
-Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar
2. Isha Kumari @ Khushbu Kumari Daughter of Navin Kumar sinha Resident
Of Tilak Chauk, Goshala Road, Ward No 6, Ps -Town, Dist -Madhubani At
present Residing of village- Heropatti, Ps- Bisfi, Dist- Madhubani
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gopal Jha, 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 petitioner and learned
APP for the State.
2.The present application has been filed seeking
modification of the order dated 04.02.2022 passed in Cr. Misc.
No. 62839 of 2019, whereby the petitioner was granted the
privilege of anticipatory bail in the event of arrest or surrender
within twelve weeks.
3. Learned counsel for the petitioner submits that due to
some unavoidable circumstances the petitioner could not
surrender within the stipulated time. It is further submitted that
further two weeks’ time may be extended so that the petitioner
Patna High Court CR. MISC. No.81052 of 2025(2) dt.11-03-2026
2/2
could surrender in the Trial Court.
4. Having considered the submissions and upon perusal
of the records, it is evident that the order sought to be
modified was passed on 04.02.2022 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 04.02.2022 passed in Cr. Misc. No. 62839 of
2019.
6.Accordingly, the present application stands dismissed.
7. It is made clear that if the petitioner surrenders
before the learned Trial Court, his 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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