Kailash Sao Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Kailash Sao Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Further two weeks' time (from 03-04-2026) to surrender before the learned court below/District Court, subject to deposit of Rs. 5,000/- before the Lawyers’ Association Welfare Benevolent Fund, Patna High Court.

Issue for consideration

Whether the Court should modify/extend the time fixed by its order dated 21.03.2025 in Cr. Appeal (S.J.) No. 2349 of 2023 for the petitioner to surrender before the learned court below (originally four weeks from that order).

Court's answer

The time granted to the petitioner to surrender before the learned court below by order dated 21.03.2025 in Cr. Appeal (S.J.) No. 2349 of 2023 is extended by a further two weeks from the date of this order (03-04-2026).

Ratio / Principle

The extension is conditional upon the petitioner depositing Rs. 5,000/- before the Lawyers’ Association Welfare Benevolent Fund, Patna High Court, Patna (A/c No. 7801893276, I.F.S.C. Code- IDIB000L501, L.N. Mishra Institute Branch, Patna).

Detailed headnote1 paragraphs

Patna High Court (Anil Kumar Sinha, J.), order dated 03-04-2026 — Criminal Miscellaneous No. 20963 of 2026, arising in Criminal Appeal (SJ) No. 2349 of 2023, out of PS Case No.-138 of 2023, Thana Barachatti, District Gaya. The petitioner (Kailash Sao), who had been granted the privilege of anticipatory bail by order dated 21.03.2025 in Cr. Appeal (S.J.) No. 2349 of 2023 subject to surrender before the court below within four weeks, pleaded that he could not surrender within time as he was residing at Surat to earn his livelihood, and prayed for a further two weeks. Held: the time to surrender before the learned court below was extended by a further two weeks from 03-04-2026, subject to the condition that the petitioner deposit Rs. 5,000/- before the Lawyers’ Association Welfare Benevolent Fund, Patna High Court, Patna (A/c No. 7801893276, I.F.S.C. Code- IDIB000L501, L.N. Mishra Institute Branch, Patna). Application allowed to the extent indicated above.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20963 of 2026

In

CRIMINAL APPEAL (SJ) No.2349 of 2023

Arising Out of PS. Case No.-138 Year-2023 Thana- BARACHATTI District- Gaya

====================================================== Kailash Sao S/O Late Narayan Saw R/O Village- Patiouna, P.S- Barachatti, Dist- Gaya

... ... Petitioner/s

Versus

The State of Bihar Bihar

Vivek Das S/O Sunil Das R/O Village- Kaluwa, P.S- Barachatti, Dist- Gaya

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vijay Kumar For the Opposite Party/s : Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

2 03-04-2026 1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The present application has been filed for modification of the order dated 21.03.2025 passed in Cr. Appeal (S.J.) No. 2349 of 2023 whereby the present petitioner has been granted privilege of anticipatory bail subject to the condition that the petitioner shall surrender before the learned court below within a period of four weeks from the date of order.

Learned counsel for the petitioner submits that the petitioner could not surrender within time since at the relevant point of time he was residing at Surat to earn his livelihood. He, accordingly, prays for further two weeks time to surrender

Patna High Court CR. MISC. No.20963 of 2026(2) dt.03-04-2026 2/2

before the learned District Court.

Having regard to the submissions made on behalf of the petitioner, let the time granted by this Court to surrender before the learned court below by order dated 21.03.2025 passed in Cr. Appeal (S.J.) No. 2349 of 2023 be extended by further two weeks from today subject to the condition that the petitioner shall deposit Rs. 5,000/- before the Lawyers’ Association Welfare Benevolent Fund, Patna High Court, Patna having A/c No. 7801893276, I.F.S.C. Code- IDIB000L501, L.N. Mishra Institute Branch, Patna.

Accordingly, this application is allowed to the extent indicated above.

(Anil Kumar Sinha, J)

praful/-

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