Patna High Court
Sikandar Kumar @ Sikandra Kumar @ Kikendra KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
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
Checking your session…