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Patna High Court

Sikandar Kumar @ Sikandra Kumar @ Kikendra KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court extended the time for surrender and furnishing bail bonds by four weeks, modifying the original anticipatory bail order on the basis of bona‑fide reasons.

Summary

The petitioner, Sikandar Kumar, had been granted anticipatory bail on 1 September 2025 with a condition to surrender and furnish bail bonds within six weeks. He failed to comply, citing his employment and residence in Haryana and communication issues with his lawyer, and offered an unconditional apology. The petitioner applied for a modification of the bail order, seeking an additional six‑week extension, while the State's Additional Public Prosecutor raised no objection. The Court, after considering the bona‑fide reasons for non‑compliance, extended the surrender period by four weeks on the same terms as the original order. Consequently, the modification application was allowed, and the amended order was directed to be communicated to the Chief Judicial Magistrate, Gaya.

Issues considered

  • What is the appropriate remedy when a petitioner fails to surrender and furnish bail bonds within the period stipulated in an anticipatory bail order?
  • Can the court extend the time for surrender and furnishing bail bonds on bona‑fide grounds without revoking the original anticipatory bail?

Subjects

  • anticipatory bail
  • modification of bail order
  • extension of time
  • bail bond
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8996 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.34588 of 2025
                      Arising Out of PS. Case No.-342 Year-2023 Thana- CHANDAUTI District- Gaya
                 ======================================================
                 Sikandar Kumar @ Sikandra Kumar @ Kikendra Kumar S/o- Goverdhan
                 Yadav R/v- Chiraiyatand Ps- Chandauti District- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Satyaveer Jha, Advocate
                 For the Opposite Party/s :      Mr. Nirmal Kumar Sinha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   06-02-2026                  The present application has been filed seeking

                   modification of the order dated 01.09.2025 passed in Criminal

                   Miscellaneous No. 34588 of 2025, whereby the petitioner was

                   granted the privilege of anticipatory bail with a direction to

                   surrender or be arrested and furnish bail bonds within a period

                   of six weeks.

                                2. Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor appearing for the State.

                                3. Learned counsel for the petitioner submits that no

                   earlier application for modification has been filed by the

                   petitioner. It is further submitted that the petitioner was granted

                   anticipatory bail by this Court vide order dated 01.09.2025 in
Patna High Court CR. MISC. No.8996 of 2026(2) dt.06-02-2026
                                             2/3




          Criminal Miscellaneous No. 34588 of 2025. However, the

          petitioner could not surrender and furnish bail bonds within the

          stipulated period of six weeks, as he was working and residing

          in the State of Haryana for earning his livelihood and

          maintaining       his    family,     and     due    to   lack   of   proper

          communication on the part of his Pairvikar. It is further

          submitted that the non-compliance of the order of this Court was

          neither deliberate nor intentional. The petitioner tenders his

          unconditional apology before this Court and has prayed for

          extension of time by another six weeks for surrender and

          furnishing of bail bonds.

                        4. Learned Additional Public Prosecutor appearing for

          the State has no objection to the prayer made on behalf of the

          petitioner.

                        5. Considering the facts and circumstances of the case

          and the submissions advanced on behalf of the parties, this

          Court is satisfied that the petitioner could not comply with the

          earlier order within the stipulated period due to bona fide

          reasons. Accordingly, the time for surrender of the petitioner for

          furnishing bail bonds is extended by a further period of four

          weeks from today, on the same terms and conditions as

          stipulated in the order dated 01.09.2025 passed in Criminal
            Patna High Court CR. MISC. No.8996 of 2026(2) dt.06-02-2026
                                                        3/3




                      Miscellaneous No. 34588 of 2025 in connection with Chandauti

                      P.S. Case No. 342 of 2023, to the satisfaction of the learned

                      Chief Judicial Magistrate, Gaya in connection with Chandauti

                      P.S. Case No. 342 of 2023.

                                   6. Accordingly, the order dated 01.09.2025 passed in

                      Criminal Miscellaneous No. 34588 of 2025 stands modified to

                      the extent indicated above.

                                   7. The present modification application, accordingly,

                      stands allowed.

                                   8. Let a copy of this order be communicated to the

                      court of learned Chief Judicial Magistrate, Gaya in connection

                      with Chandauti P.S. Case No. 342 of 2023 for needful.




                                              (Alok Kumar Pandey, J)
Nilmani/-

U      T


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