Created by Fuzzy Cloud

Patna High Court

Prabhat KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.