Patna High Court

Appu Patel @ Appu Kumar PrasadversusThe State of Bihar

Decided: 6 February 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court will not extend the surrender time if the petitioner fails to surrender within the period fixed in the anticipatory bail order.

Summary

Appu Patel and Amar Patel, the petitioners, had been granted anticipatory bail with a stipulated time to surrender. They filed a modification application seeking an extension of the surrender deadline. The State of Bihar opposed the extension. Justice Satyavrat Verma held that the court should not extend the surrender period when the petitioners have not surrendered within the originally prescribed time. Consequently, the modification application was dismissed.

Issues considered

Whether a court can extend the time for surrender under an anticipatory bail order when the petitioner has not surrendered within the stipulated period

Subjects

anticipatory bail
surrender
modification application
Criminal Procedure Code
high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9104 of 2026
                                               In
                                 CRIMINAL APPEAL (SJ) No.2251 of 2024
                        Arising Out of PS. Case No.-11 Year-2024 Thana- BARHARIA District- Siwan
                  ======================================================
            1.     Appu Patel @ Appu Kumar Prasad S/o- Daulat Ram @ Daulat Prasad @
                   Daulat Patel Resident Of Village- Sundari, Ps- Barharia, Dist-Siwan
            2.    Amar Patel @ Amar Kumar S/o- Daulat Ram @ Daulat Prasad @ Daulat
                  Patel Resident Of Village- Sundari, Ps- Barharia, Dist-Siwan
                                                                             ... ... Petitioner/s
                                                     Versus
            1.    The State of Bihar
            2.     Sobha Devi W/o- Shambhu Gond Resident Of Village- Mathurapur, Ps-
                   Barharia, Dist-Siwan
                                                                ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Ajay Kumar Tiwary, Advocate
                  For the Opposite Party/s :       Mr. Ram Naresh Ray, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

2    06-02-2026                      1. Heard learned counsel for the petitioners and the

                    learned APP for the State.

                                      2. The Court is taking a consistent view of not

                    extending the time of surrender, if the petitioners have not

                    surrendered within the time stipulated in the order by which

                    they were granted the privilege of anticipatory bail.

                                     3. Accordingly, the modification application is

                    dismissed.



                                                          (Satyavrat Verma, J)
Rishabh/-

U      T

Continue reading with your account

Checking your session…