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Patna High Court

Hira DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court extended the time for surrender and furnishing the bail bond by six weeks, modifying the earlier order.

Summary

The petitioners, Hira Devi and her daughters, had been granted anticipatory bail in Cr. Misc. No. 81533 of 2023, with a direction to surrender before the lower court and furnish a bail bond within eight weeks. They filed an application seeking modification of the time limit, alleging they could not arrange the required funds to deposit the bail bond on time. The court considered the petitioners' inability to secure the amount and the need for a reasonable extension. It extended the period for surrender and furnishing the bail bond by six weeks from the date of the order. All other conditions of the original anticipatory bail order remained unchanged. The application for modification was therefore allowed.

Issues considered

  • Whether the court may extend the time for surrender and furnishing a bail bond under an anticipatory bail order

Subjects

  • anticipatory bail
  • modification of order
  • extension of time
  • surrender
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87451 of 2025
                                              In
                              CRIMINAL MISCELLANEOUS No.81533 of 2023
                      Arising Out of PS. Case No.-263 Year-2022 Thana- SABAUR District- Bhagalpur
                 ======================================================
           1.     Hira Devi Wife of Late Vijay Kumar Singh @ Vinay Kumar singh Vill
                  -Jawaripur PS- Tilkamanjhi District -Bhagalpur
           2.    Archana Kumari Daughter of Late Vijay Kumar singh @ Vinay Kumar
                 Singh Vill -Jawaripur PS- Tilkamanjhi District -Bhagalpur
           3.    Khushboo Kumari Daughter of Late Vijay Kumar Singh @ Vinay Kumar
                 Singh Vill -Jawaripur PS- Tilkamanjhi District -Bhagalpur

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Bambam Kumar son of Sri Upendra Prasad Choudhary Village- Krishna
                 Mandir Chouk Tatmatoli, Ps- K. Hat, Dist- Purnia

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Rajive Ranjan Singh, Advocate
                 For the State           :        Mr. Md. Shakir Ahmad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-01-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State .

                                 2. This application has been filed for modification of

                   the extension of time for surrender before the Court below of

                   the order dated 09.09.2025 passed in Cr. Misc. No. 81533 of

                   2023 passed by this Court whereby the petitioners were granted

                   anticipatory bail and has been directed to surrender before the

                   Court below and furnish bail bond within eight weeks.

                                 3 . The learned counsel for the petitioners submits that
            Patna High Court CR. MISC. No.87451 of 2025(2) dt.09-01-2026
                                                        2/2




                      the petitioners could not arrange sufficient amount for

                      depositing demand draft on time and due to which he has not

                      been able to furnish his bail bond on time.

                                   5. In view of such submissions, the time for surrender

                      before the court below and furnishing bail bond is extended for

                      six weeks from the date of passing of this order.

                                   6. The order dated 09.09.2025 passed in Cr. Misc. No.

                      81533 of 2023 is modified to the aforesaid extent and the rest of

                      the conditions shall remain same .

                                   7. Accordingly, this application for modification is

                      allowed to the aforesaid extent.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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