Patna High Court
Raushan Kumar @ Raja @ Raja KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The Court modified the anticipatory bail order, extending the surrender period by three weeks and permitting acceptance of bail bonds without the receipt of the articles, while directing notice to the opposite party.
Summary
Petitioner Raushan Kumar was granted anticipatory bail on 15‑05‑2025 on the basis of a settlement that required him to return certain articles to the opposite party, Sushma Kumari, and produce a receipt at the time of furnishing bail bonds. The petitioner was unable to obtain the receipt despite his efforts and applied for a modification of the bail order to extend the surrender period and to allow the bail bonds to be accepted without the receipt. The Court, after hearing counsel, directed that the bail bonds be accepted even without the receipt, ordered a notice to the opposite party to ensure compliance with the settlement terms, and extended the surrender period by three weeks from the date of the order. The order dated 15‑05‑2025 was accordingly modified, and the application for modification was disposed of.
Issues considered
- What is the scope for modifying an anticipatory bail order to extend the surrender period?
- Can bail bonds be accepted without the receipt of the articles as required by the original bail order?
Subjects
- anticipatory bail
- modification of order
- surrender period
- bail bonds
- settlement
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90833 of 2025
In
CRIMINAL MISCELLANEOUS No.63693 of 2024
Arising Out of PS. Case No.-39 Year-2023 Thana- MAHILA P.S. District- Rohtas
======================================================
Raushan Kumar @ Raja @ Raja Kumar S/O Late Kapil Dev Singh Resident
of Tarbanglaw, Dehri Ward No. 38, P.S- Dehri, District- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sushma Kumari D/O Rangbahadur Singh R/O Village- Amaithi, P.S-
Sajhauli, Distt.- Rohtas.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed for
modification of the order dated 15.05.2025 passed in Cr. Misc.
No. 63693 of 2024 to the extent of extending the period of
surrender.
3. It appears that the petitioner was granted privilege
of anticipatory bail vide order dated 15.05.2025 on the grounds
of settlement between the parties on certain agreed terms and
conditions. Further, paragraph-5 of the said order also indicates
that the petitioner was directed to return the articles of opposite
party no.2 and the receipt thereof, would be produced at the
Patna High Court CR. MISC. No.90833 of 2025(2) dt.09-01-2026
2/2
time of furnishing of bail bonds.
4. Learned counsel for the petitioner has brought on
record the order sheets of the learned Court, who is in seisin of
the matter, which shows that despite best efforts made by the
petitioner the articles were not received by the opposite party
no.2.
5. In such view of the matter, it is directed that the
bail bonds of the petitioner be accepted even without the receipt
of the articles. However, the learned Court below is directed to
issue notice to the opposite party no.2 for further adherence to
the terms and conditions arrived at between the parties.
6. Accordingly, the period of surrender is extended by
three weeks from the date of receipt/production of a copy of this
order in connection with Mahila P.S. Case No. 39 of 2023.
7. The order dated 15.05.2025 is modified to the
extent as indicated above.
8. Accordingly, this modification application stands
disposed of.
(Soni Shrivastava, J)
Trivedi/-
U T
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