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Patna High Court

Saroj Singh @ SukarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The modification application is allowed, and the petitioners are granted an additional four weeks to surrender before the concerned court.

Summary

The petitioners, Saroj Singh and Pawan Kumar, were released on bail with a condition to surrender before the concerned court within six weeks. Due to unavoidable circumstances they were unable to comply within the stipulated period and filed an application seeking an additional four weeks to surrender. The State, represented by the Additional Public Prosecutor, raised no objection to the requested extension. The Court, after hearing counsel, considered the petitioners' circumstances and the State’s lack of objection. It allowed the modification application, granting the petitioners an extra four weeks from the date of the order to surrender. Consequently, the original bail order dated 19‑08‑2025 was modified to reflect the extended time limit.

Issues considered

  • Whether the bail condition requiring surrender within six weeks can be extended on account of unavoidable circumstances.
  • Whether the court may modify the existing bail order to grant additional time for surrender.

Subjects

  • bail
  • modification of bail order
  • surrender
  • extension of time
  • criminal miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8957 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.52328 of 2025
                       Arising Out of PS. Case No.-113 Year-2025 Thana- SANJHOLI District- Rohtas
                 ======================================================
           1.     Saroj Singh @ Sukar Son of Shankar Singh Bhat @ Shankar Singh,
                  Resident Of Village- Charpurawa Ps- Sanjhauli District- Rohtas at Sasaram.
           2.    Pawan Kumar Son of Nandan Paswan @ Nandan, Resident Of Village-
                 Charpurawa Ps- Sanjhauli District- Rohtas at Sasaram.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Chhote Lal Mishra, Advocate.
                 For the Opposite Party/s :        Mr. Uday Chand Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   13-02-2026                  1. Learned counsel for the petitioners submits that he

                   has deposited Rs.3,000/- in the account of Advocates’

                   Association, Patna High Court.

                                2. This application has been filed for modification of

                   the bail order dated 19.08.2025 passed in Cr. Misc. No.52328 of

                   2025.

                                3. Learned counsel for the petitioners submitted that

                   six weeks’ time was granted to the petitioners to surrender

                   before     the      concerned      Court,     but     due    to     unavoidable

                   circumstances, they could not surrender before the concerned

                   Court within the stipulated time. It is submitted that further four

                   weeks’ time may be granted to the petitioners to surrender
              Patna High Court CR. MISC. No.8957 of 2026(3) dt.13-02-2026
                                                          2/2




                        before the concerned Court.

                                     4. Learned A.P.P. for the State has no objection for the

                        same.

                                     5. Having heard the learned counsel for the parties

                        and considering the averments made in the application, the

                        present Modification Application stands allowed.

                                     6. Further four weeks’ time from today is granted to

                        the petitioners to surrender before the Court concerned.

                                     7. Accordingly, the order dated 19.08.2025 passed in

                        Cr. Misc. No.52328 of 2025, stands modified to the above

                        extent.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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