Patna High Court
HAMIDUN KHATOONversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that no further extension of time to surrender could be granted as the earlier dismissal stands and no new facts were shown.
Summary
The petitioners, four accused persons, had earlier been granted anticipatory bail in a 2021 case and subsequently sought multiple extensions of time to surrender. The court had allowed two extensions in 2024 but dismissed a later request in January 2025. The petitioners filed a fourth application in February 2026 seeking another extension, but the application presented no new facts or circumstances. The court observed that the earlier dismissal was final and that there was no basis for reconsideration. Consequently, the application for further extension of time to surrender was dismissed.
Issues considered
- Whether a further extension of time to surrender can be granted after a prior dismissal without any new facts.
- Whether the petitioners have demonstrated any change in circumstances warranting modification of the earlier order.
Subjects
- anticipatory bail
- modification application
- extension of time to surrender
- criminal procedure
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85037 of 2025
In
CRIMINAL MISCELLANEOUS No.68999 of 2023
Arising Out of PS. Case No.-591 Year-2021 Thana- TURKAULIYA District- East
Champaran
======================================================
1. HAMIDUN KHATOON W/o Ale Mohammad R/o vill - Semra Belwatiya,
P.S. - Turkauliya, Distt. - East Champaran
2. Mazher Alam Son of Ale Mohammad R/o vill - Semra Belwatiya, P.S. -
Turkauliya, Distt. - East Champaran
3. Ale Mohammad Son of Late Jahir Hussain R/o vill - Semra Belwatiya, P.S. -
Turkauliya, Distt. - East Champaran
4. Md. Ashlam @ Md. Aslam Son of Late Hanif R/o vill - Semra Belwatiya,
P.S. - Turkauliya, Distt. - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Nafisu Zzoha, Advocate
For the State : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 27-02-2026 Heard Mr. Nafizu Zzoha, learned counsel appearing
on behalf of the petitioners and Mr. Pramod Kumar Pandey,
learned A.P.P. appearing on behalf of the State.
2. This application has been filed for modification of
the order dated 25.01.2024 passed in Cr. Misc. No. 68999 of
2023 by this Court to the extent of extension of period to
surrender.
3. This is the fourth attempt of the petitioners for
extension of time to surrender. The prayer for grant of
Patna High Court CR. MISC. No.85037 of 2025(2) dt.27-02-2026
2/2
anticipatory bail to the petitioners in connection with Turkauliya
P.S. Case No. 591 of 2021 was allowed by this Court vide order
dated 25.01.2024 passed in Cr. Misc. No. 68999 of 2023.
Thereafter, a modification application bearing Cr. Misc. No.
34262 of 2024 was filed for extension of time to surrender and
the same was allowed vide order dated 03.05.2024. Further,
another modification application bearing Cr. Misc. No. 68940 of
2024 was filed for extension of time to surrender and the same
was also allowed vide order dated 27.09.2024. Lastly, vide
modification application bearing Cr. Misc. No. 87428 of 2024,
the petitioners sought for further extension of time to surrender
and the same was dismissed vide order dated 17.01.2025.
4. Since the prayer for extension of time to surrender
has already been dismissed earlier by this Court vide order dated
17.01.2025 passed in Cr. Misc. No. 87428 of 2024 and this
application also does not reveal any new facts and
circumstances for reconsideration of the prayer, this
modification application is dismissed.
(Prabhat Kumar Singh, J)
shashank/-
U T
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