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Patna High Court

Raushan Kumar @ Raja @ Raja KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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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