Patna High Court
Manohar SharmaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJIV ROY
Holding
The Court allowed the extension of the surrender period and modified the bailor condition to include a known person without a criminal record.
Summary
Manohar Sharma was granted anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, with a direction to surrender within four weeks and to have a family member or relative act as bailor. He applied to the Patna High Court for an extension of the surrender period and for a modification of the bailor requirement, arguing that no family member was available and that a known person with no criminal antecedent could serve as bailor. The State did not oppose the application. The Court modified the bail order to permit a known person without a criminal record to act as bailor and extended the surrender deadline by another four weeks, subject to a payment of Rs. 500 to the Legal Services Committee. The relief was granted and the petition was disposed.
Issues considered
- Whether the High Court can extend the time granted for surrender under anticipatory bail.
- Whether the condition that the bailor must be a family member/relative can be modified to include a known person with no criminal antecedent.
Subjects
- anticipatory bail
- bail conditions
- extension of time
- modification of bail order
- criminal procedure
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90812 of 2025
In
CRIMINAL MISCELLANEOUS No.63797 of 2025
Arising Out of PS. Case No.-241 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj
======================================================
Manohar Sharma S/o- Parmat Sharma @ Parmatma Sharma Resident of
Village - Basaha Rajapali, P.S. - Baikuthpur, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Adv.
For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 09-01-2026 Heard the parties.
2. The present application has been preferred:
“for the extension of time for
surrendering to the Petitioner before the court
below as also for modification of the order dated
24.09.2025 passed in Cr. Misc. No. 63797 of 2025
in connection with Baikunthpur P.S. Case No. 241
of 2025 offences under Sections 30 (a) of the Bihar
Prohibition and Excise (Amendment) Act, passed
by this by which the Petitioner was granted
anticipatory bail with direction to surrender before
the court below within a period of four weeks and
further directed that one of the bailor should be the
Patna High Court CR. MISC. No.90812 of 2025(2) dt.09-01-2026
2/2
family / relative of the petitioner who shall provide
official document to show his / her bonafide.”
3. The present petition has been preferred for
extension of time as also for modifying paragraph 7(i) which
shows that it should be family member of relative. The
submission is that in absence of family members/relatives to
stand as bailor, those known to him having no criminal
antecedent be included as one of the bailor.
4. Having heard the parties and since there is no
opposition from the State, paragraph 7(i) is modified to the
extent that those known to the petitioner having no criminal
antecedent shall be one of the bailor.
5. The period of time for surrender is further extended
by four weeks subject to payment of Rs. 500/- to Patna High
Court Legal Services Committee.
(Rajiv Roy, J)
Vijay Singh/-
U T
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