Patna High Court
Prabhat KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- JITENDRA KUMAR
Holding
The court held that the time condition for surrender under the anticipatory bail order may be modified, and granted an additional four weeks to the petitioner.
Summary
The petitioner, Prabhat Kumar, was granted anticipatory bail on 21 May 2024 with a condition to surrender within eight weeks and submit bail bonds. He was unable to comply within that period because he was working away from his residence. He filed a modification application seeking an additional four weeks to surrender. The court examined whether the time condition could be altered and found no legal impediment to granting an extension. Consequently, the court modified the original order, extending the surrender period by four weeks, and allowed the petition.
Issues considered
- Whether the time condition for surrender under an anticipatory bail order can be modified?
- Whether the petitioner is entitled to an extension of the surrender period due to personal circumstances?
Subjects
- anticipatory bail
- modification of order
- surrender deadline
- bail bonds
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9185 of 2026
In
CRIMINAL MISCELLANEOUS No.31446 of 2024
Arising Out of PS. Case No.-316 Year-2013 Thana- MOTIPUR District- Muzaffarpur
======================================================
Prabhat Kumar S/o Late Chitranjan Thakur, R/o Village- Sherna, Police
Station- Kanti, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar S.K., Advocate
For the State : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 06-02-2026 The present modification application has been filed
for modification of the order dated 21.05.2024, passed by this
Court in Cr. Misc. No. 31446 of 2024, whereby the petitioner
was granted anticipatory bail and he was given eight weeks’
time to surrender before the Court below and submit his bail
bonds.
2. However, learned counsel for the petitioner submits
that in Para No. 8 of the order dated 21.05.2024, eight weeks’
time was stipulated to the petitioner to surrender before the
Court below and submit his bail bonds. However, the petitioner,
being a labourer and working out of station, could not surrender
within the stipulated time. Hence, the petitioner is seeking
additional four weeks’ time to surrender before the Court below
Patna High Court CR. MISC. No.9185 of 2026(2) dt.06-02-2026
2/2
and submit his bail bonds.
3. Time is granted.
4. Accordingly, Para No. 8 of the order dated
21.05.2024, passed in Cr. Misc. No. 31446 of 2024 is modified
to the extent granting additional four weeks’ time to surrender
before the Court below and submit his bail bonds.
5. Accordingly, the present petition stands allowed.
(Jitendra Kumar, J.)
ravishankar/-
U T
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