Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court allowed the modification, granting an additional four weeks for surrender and bail bond submission, subject to a nominal cost.
Summary
Vikash Kumar, who had been granted anticipatory bail in an earlier proceeding, was ordered by the Patna High Court to surrender within four weeks and furnish a bail bond. He was unable to comply because his mother was undergoing cancer treatment, requiring his presence. He filed an application seeking modification of the bail order to extend the surrender period. The court, after considering the circumstances, allowed the modification, granting him an additional four weeks to surrender and furnish the bail bond, subject to a cost of Rs.1,000 to the Lawyers Association Welfare Benevolent. The order reflects the court's discretion to relax procedural conditions in bail matters when justified by personal hardship.
Issues considered
- Whether the anticipatory bail order can be modified to extend the time for surrender and furnishing of bail bond on account of the petitioner's personal circumstances.
Subjects
- anticipatory bail
- modification of bail order
- personal hardship
- health emergency
- criminal procedure
- bail bond
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8978 of 2026
In
CRIMINAL MISCELLANEOUS No.57294 of 2025
Arising Out of PS. Case No.-606 Year-2022 Thana- COMPLAINT CASE - BARH District-
Patna
======================================================
Vikash Kumar S/O Ashok Lal Gupta @ Ashok Kumar Lal R/O Village-
Karjan, P.S- Athmalgola, Distt.- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Guddu Kumar S/O Amardeep Das R/O Padiachak, P.S- NTPC Barh, Distt.-
Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar, Adv.
Mr. Samir Mehra, Adv.
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 13-02-2026 Application is filed, seeking modification of the order
dated 27.08.2025, passed in Cr. Misc. No. 57294 of 2025,
whereunder the petitioner was granted anticipatory bail and
directed to surrender within a period of four weeks and furnish
the bail bond. However, the same could not be done.
2. It is submitted that since the mother of the
petitioner was under treatment in the Max Institute of Cancer
Care Department of Radiation Oncology and the petitioner was
all along present for her treatment, therefore, he could not
surrender and furnish the bail bond within the stipulated period.
3. Learned Advocate for the State is present.
Patna High Court CR. MISC. No.8978 of 2026(2) dt.13-02-2026
2/2
4. In view of the submissions and the averments made
in the modification application, the same stands allowed.
5. Further four weeks time is allowed to the petitioner
to surrender and furnish the bail bond, subject to payment of a
cost of Rs. 1,000/- to the Lawyers Association Welfare
Benevolent.
(Harish Kumar, J)
shivank/-
U T
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