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Patna High Court

Shambhu Nath ChoudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court extended the surrender deadline by an additional four weeks, maintaining the original anticipatory bail conditions.

Summary

The petitioners, Shambhu Nath Choudhary and Amit Choudhary, had been granted anticipatory bail by the Patna High Court on 7 November 2025, subject to surrendering before the lower court within four weeks. They filed a petition seeking an extension of the surrender deadline, alleging they were unable to appear in their village within the stipulated period. The court examined the petitioners' explanation and considered the procedural flexibility inherent in anticipatory bail orders. It held that the time for surrender could be extended to ensure compliance with the bail conditions. Consequently, the court modified the original order, granting an additional four‑week period from 13 February 2026 for surrender, after which the anticipatory bail would remain in force.

Issues considered

  • Whether the High Court can extend the time for surrender under an anticipatory bail order.

Subjects

  • anticipatory bail
  • extension of time
  • surrender deadline
  • Criminal Procedure Code
  • bail conditions
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9179 of 2026
                                                           In
                                   CRIMINAL APPEAL (SJ) No.3165 of 2024

                         Arising Out of PS. Case No.-9 Year-2024 Thana- SC/ST District- Bhagalpur
                 ======================================================
           1.    Shambhu Nath Choudhary, Son of Late Maheshwar Choudhary, Resident of
                 village- Kathela, Ps- Kharik Bazar, Dist- Bhagalpur
           2.    Amit Choudhary, Son of Late Vijay Choudhary, Resident of village-
                 Kathela, Ps- Kharik Bazar, Dist- Bhagalpur


                                                                                     ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar
           2.    Binod Das, Son of Late Tarni Das, Resident of village- Khairpur, Ward no.
                 7, Ps- Kharik, Dist- Bhagalpur


                                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rakesh Kumar Sharma, Adv.
                 For the Opposite Party/s :        Mr. Md. Ataur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                                    ORAL ORDER


2   13-02-2026                   Heard the learned counsel for the parties.

                                 2. The petitioners were granted anticipatory bail by

                   this Court vide order dated 07.11.2025 passed in Cr. Appeal (SJ)

                   No. 3165 of 2024, in connection with Naugachia SC/ST P.S.

                   Case No. 09 of 2024, with a direction to them to surrender

                   before the learned Court below within a period of four weeks
Patna High Court CR. MISC. No.9179 of 2026(2) dt.13-02-2026
                                            2/3




          from the date of the passing of the order on certain terms and

          conditions.

                       3. The petitioners have approached this Court through

          the present petition seeking extension of time for surrendering

          before the Court below.

                       4. It has been submitted on behalf of the petitioners

          that they could not surrender before the learned Court below

          within the stipulated period on account of the fact that they were

          not present at the relevant time in their village.

                       5. It has, thus, been prayed that the order dated

          07.11.2025 be modified to the extent that the time granted to the

          petitioners to surrender before the learned Court below be

          extended for a further period of four weeks.

                       6. Considering the aforesaid submissions and the

          reasons stated in the application, the prayer is allowed.

                       7. The order dated 07.11.2025, referred to above, is

          modified to the extent that if the petitioners, above named,

          surrender before the learned Court below within a period of four

          weeks from today, i.e., 13.02.2026, they shall be released on

          anticipatory bail on the same terms and conditions as laid down

          in the order dated 07.11.2025.

                       8. With the aforesaid modification in the order dated
            Patna High Court CR. MISC. No.9179 of 2026(2) dt.13-02-2026
                                                        3/3




                      07.11.2025, the application stands allowed.



                                               (Sourendra Pandey, J)
Praveen-II/-

U       T


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