Patna High Court

Raja Babu @ Nirbhay KumarversusThe State of Bihar

Decided: 9 January 2026
Disposal: DISPOSED
Bench: ALOK KUMAR PANDEY

Holding

The Court held that the time for surrender and furnishing bail bonds may be extended by four weeks, and accordingly modified the earlier anticipatory bail order.

Summary

The petitioner, Raja Babu, had been granted anticipatory bail by the Patna High Court on 17 September 2025 in Criminal Miscellaneous No. 64556 of 2025. He failed to surrender and furnish the required bail bonds within the stipulated period because he was not properly informed of the order. He filed an application seeking a further four‑week extension to surrender and provide the bail bonds. The Additional Public Prosecutor raised no objection to the request. The Court, after considering the circumstances, extended the time for surrender by four weeks on the same terms as the original order, imposed a nominal cost, and modified the earlier order accordingly, allowing the application.

Issues considered

Whether the time granted for surrender and furnishing bail bonds under an anticipatory bail order can be extended?
Whether the High Court may modify its earlier anticipatory bail order on the petitioner's application?

Subjects

anticipatory bail
modification of order
extension of time
bail bond
Criminal Procedure Code
High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87450 of 2025
                                              In
                              CRIMINAL MISCELLANEOUS No.64556 of 2025
                    Arising Out of PS. Case No.-33 Year-2025 Thana- CHERIYA BARIYARPUR District-
                                                         Begusarai
                 ======================================================
                 Raja Babu @ Nirbhay Kumar son of Bipin Singh @ Bipin Kumar Singh
                 Resident Of Village- Ward no. 03, Babhan Toli Khanjahapur @ Khanjhanpur
                 @ Khanjahanpur, Ps- Cheriyabariyarpur @ Cheria Bariyarpur Dist- Begusarai



                                                                                  ... ... Petitioner
                                                      Versus


                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :

                 For the Petitioner/s     :      Mr.Arvind Kumar

                 For the Opposite Party/s :      Mr.Anand Kishore Choudhary

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   09-01-2026                   This application has been filed for modification of the

                   order dated 17.09.2025 passed in Cr. Misc. No. 64556 of 2025

                   seeking extension of time to surrender and to furnish bail bonds of

                   the petitioner.

                                 2. Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 3. Learned counsel for the petitioner submits that

                   petitioner has already been granted privilege of anticipatory bail

                   by this Court vide order dated 17.09.2025 passed in Cr. Misc. No.
Patna High Court CR. MISC. No.87450 of 2025(2) dt.09-01-2026
                                            2/3




          64556 of 2025 and copy of the same is annexed as Annexure-P/1.

          He further submits that he was not well informed regarding

          passing of the said order. Learned counsel further submits that due

          to said reason, the petitioner failed to furnish bail bonds within the

          stipulated period of time and now, learned counsel prays that time

          for surrender of the petitioner for furnishing bail bonds may kindly

          be extended by another four weeks from today.

                       4. Learned Additional Public Prosecutor appearing for

          the State has no objection over the same.

                       5. Considering the facts and circumstances of the case

          and the submissions advanced on behalf of the parties, time for

          surrender of the petitioner for furnishing bail bonds is extended by

          another four weeks from today, on same terms and conditions as

          stipulated in order dated 17.09.2025 passed in Cr. Misc. No. 64556

          of 2025 in connection with Cheriyabariyarpur @ Cheria

          Bariyarpur P.S. Case No. 33 of 2025 to the satisfaction of learned

          Additional Chief Judicial Magistrate, Manjhaul, Begusarai, subject

          to payment of cost of Rs. 1,000/- (One Thousand). Cost shall be

          remitted in the Lawyers' Association Welfare Benevolent Fund,

          Indian Bank, Branch-LNMI, Bailey Road, Patna, IFSC No.

          IDIB000L501 having Bank Account No.7801893276.

                       6. Accordingly, order dated 17.09.2025 passed in Cr.

          Misc. No. 64556 of 2025 is modified to the extent stated above.
            Patna High Court CR. MISC. No.87450 of 2025(2) dt.09-01-2026
                                                        3/3




                                   7. The present modification application, accordingly,

                      stands allowed.


                                              (Alok Kumar Pandey, J)

shahzad/-

U      T

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