Shambhu Nath Choudhary Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Shambhu Nath Choudhary Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Extension of time to surrender before the learned Court below by a further four weeks (i.e., surrender within four weeks from 13.02.2026); upon such surrender, the petitioners shall be released on anticipatory bail on the same terms and conditions as laid down in the order dated 07.11.2025.

Issue for consideration

Whether the order dated 07.11.2025 granting anticipatory bail (with a four-week surrender window) should be modified so as to extend the time granted to the petitioners to surrender before the learned Court below by a further period of four weeks.

Court's answer

Considering the submissions made on behalf of the petitioners and the reasons stated in the application, the prayer for extension of time to surrender is allowed.

Ratio / Principle

The order dated 07.11.2025 is modified to the extent that if the petitioners surrender before the learned Court below within four weeks from 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.

Detailed headnote1 paragraphs

Patna High Court (Sourendra Pandey, J), Criminal Miscellaneous No. 9179 of 2026 arising out of Criminal Appeal (SJ) No. 3165 of 2024 (Naugachia SC/ST P.S. Case No. 09 of 2024, District Bhagalpur), order dated 13-02-2026: Petitioners, who had been granted anticipatory bail vide order dated 07.11.2025 with a direction to surrender before the learned Court below within four weeks on certain terms and conditions, filed the present petition seeking extension of time for surrender, stating they could not surrender within the stipulated period as they were not present in their village at the relevant time. Allowing the prayer, the Court modified the order dated 07.11.2025 to the extent that if the petitioners surrendered before the learned Court below within four weeks from 13.02.2026, they would be released on anticipatory bail on the same terms and conditions as laid down in the order dated 07.11.2025. With the said modification, the application stood allowed.

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

======================================================

Shambhu Nath Choudhary, Son of Late Maheshwar Choudhary, Resident of village- Kathela, Ps- Kharik Bazar, Dist- Bhagalpur

Amit Choudhary, Son of Late Vijay Choudhary, Resident of villageKathela, Ps- Kharik Bazar, Dist- Bhagalpur

... ... Petitioner/s

Versus

The State of Bihar

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.

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.

The petitioners have approached this Court through the present petition seeking extension of time for surrendering before the Court below.

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.

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.

Considering the aforesaid submissions and the reasons stated in the application, the prayer is allowed.

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.

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/-

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