Patna High CourtCR. MISC./6891/2026allowed

Kundan Kumar v. The State Of Bihar

2026-02-06Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6891 of 2026 In CRIMINAL MISCELLANEOUS No.73468 of 2025 Arising Out of PS. Case No.-437 Year-2025 Thana- BARH District- Patna ====================================================== Kundan Kumar S/o- Bhaso Prasad Yadav @ Bhaso Yadav @ Bhaso Prasad Village- Milkipar PS- Barh District- Patna and at present VillageBudhanichak Police Station- Barh District- Patna ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Anjana, Advocate Mr. Shiv Kumar Prasad, Advocate Mr. Sanjay Kumar @ S.K., Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 06-02-2026 This application has been filed for modification of the order dated 04.11.2025 passed in Criminal Miscellaneous No. 73468 of 2025, whereby the petitioner was granted the privilege of anticipatory bail with a direction to surrender and furnish bail bonds within a period of six weeks.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. Learned counsel for the petitioner submits that no earlier application for modification has been filed by the petitioner. It is further submitted that the petitioner, along with one other accused, had been granted anticipatory bail by this

Patna High Court CR. MISC. No.6891 of 2026(2) dt.06-02-2026 2/3 Court vide order dated 04.11.2025 passed in Criminal Miscellaneous No. 73468 of 2025. However, the petitioner could not surrender and furnish bail bonds within the stipulated period of six weeks solely due to lack of proper communication with his Pairvikar, as the petitioner was residing outside the State for earning his livelihood and maintaining his family. It is further submitted that the non-compliance of the order of this Court was neither deliberate nor intentional and the petitioner tenders his unconditional apology before this Court. A prayer has been made for extension of time for surrender and furnishing of bail bonds.

4. Learned Additional Public Prosecutor appearing for the State has no objection over the same.

5. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, this Court is satisfied that the petitioner could not comply with the earlier order within the stipulated period due to bona fide reasons. Accordingly, time for surrender of the petitioner for furnishing bail bonds is extended by another six weeks from today, on same terms and conditions as stipulated in order dated 04.11.2025 passed in Criminal Miscellaneous No. 73468 of 2025 in connection with Barh P.S. Case No. 437 of 2025 to the

Patna High Court CR. MISC. No.6891 of 2026(2) dt.06-02-2026 3/3 satisfaction of learned Additional Chief Judicial Magistrate -I, Barh, Patna.

6. Accordingly, order dated 04.11.2025 passed in Cr. Misc. No. 73468 of 2025 is modified to the extent stated above.

7. The present modification application, accordingly, stands allowed.

8. Let this order be communicated to the court of learned Additional Chief Judicial Magistate-I, Barh, Patna in connection with Barh P.S. Case No. 437 of 2025 for needful. (Alok Kumar Pandey, J) Nilmani/- U T