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Patna High Court

Manohar SharmaversusThe State of Bihar

Decided
Disposal
ALLOWED

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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