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Patna High Court

Arvind Thakur @ Aravind ThakurversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court conditionally modified the anticipatory bail order, directing the petitioner to surrender within four weeks for his bail application to be reconsidered.

Summary

The petitioner, Arvind Thakur, had earlier applied for anticipatory bail, which the court disposed of on 03-12-2025, directing him to surrender before the trial court and stating that his bail would be considered in light of a prior decision of a coordinate bench. He failed to surrender as directed. Consequently, he filed a modification application seeking relief from the surrender condition. The court examined the earlier order and the precedent cited (Mahendra Singh v. State of Bihar, 2004(3) PLJR 491) and decided to modify the order conditionally. It ordered that if the petitioner surrenders to the trial court within four weeks from the date of this order, his anticipatory bail application will be reconsidered according to the earlier decision. The modification was granted subject to the stipulated surrender deadline.

Issues considered

  • What is the appropriate remedy when a petitioner fails to comply with a court's direction to surrender before the trial court in an anticipatory bail application?
  • Whether the anticipatory bail order can be modified to impose a conditional surrender deadline.

Subjects

  • anticipatory bail
  • modification of order
  • surrender condition
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8995 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.41309 of 2025
                      Arising Out of PS. Case No.-31 Year-2017 Thana- BANGAWON District- Saharsa
                 ======================================================
                 Arvind Thakur @ Aravind Thakur S/o- Late Jageshwar Thakur Resident of
                 Village- Murli Basantpur Ward No- 15 PS-Bangaon Dist- Saharsa

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rupesh Kumar, Adv.
                 For the Opposite Party/s :       Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   06-02-2026                    Heard.

                                2. The present application has been filed for

                   modification of the order dated 03-12-2025 passed in Cr. Misc.

                   No. 41309 of 2025.

                                3. By the aforesaid order, the petitioner’s application

                   for grant of anticipatory bail was disposed of with the

                   observation that he shall surrender before the court below who

                   shall pass order taking into account of the decision of a

                   coordinate bench of this court in Mahendra Singh vs The State

                   of Bihar reported in 2004(3) PLJR 491. The petitioner did not

                   surrender in the court below.

                                3. The present modification application is disposed of
            Patna High Court CR. MISC. No.8995 of 2026(2) dt.06-02-2026
                                                        2/2




                      with the observation that if, the petitioner surrenders before the

                      court below within a period of four weeks from today, his prayer

                      for anticipatory bail shall be considered in the light of above-

                      noted decision of coordinate bench of this court.



                                           (Nawneet Kumar Pandey, J)
A.K.V.//-

U      T


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