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2026 Supreme(Online)(Pat) 3373

PATNA HIGH COURT
PARTHA SARTHY, J
Parmila Devi, Suresh Mahato, Rahul Kumar – Appellant
Versus
The State of Bihar – Respondent
Bail Application|PS. Case No.-130 Year-2025



Advocates:
For the Petitioner/s: Mr. Abhay Shanker Singh, Mr. Barun Kumar Singh
For the Opposite Party/s: Mr. Abhay Kumar, Mr. Kundan Kumar, Mr. Anshuman Dheer

The court grants an extension for surrendering in bail applications, emphasizing discretion in adhering to procedural timelines.

Headnote:The court examined the bail application no.39621 of 2025 seeking an extension for surrendering which had expired. It was argued that the applicants missed the deadline due to court closure and filed promptly after. The court found the reasons unsubstantiated but granted a four-week extension to surrender as a matter of discretion.

Result: The application is modified to allow an extension.

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

2 16-01-2026 Heard learned counsel for the parties.

2. The instant application has been filed praying for no.39621 of 2025 granting bail to the petitioner in connection with Samastipur Muffasil P.S. Case no.130 of 2025 and for extending the time granted therein for the petitioner to surrender in the learned Court below.

3. It is submitted by learned counsel for the petitioner that the time granted vide order dated 15.10.2025 having expired on 12.11.2025, the petitioners could not surrender in the learned Court below for the reasons as mentioned in the petition filed. As such the instant application was filed soon thereafter on 28.11.2025. It is further submitted that the Courts also being closed for the period of two weeks in the month of November, 2025, the bonafides of the petitioners can be judged from the promptness on which the instant application for extension of time has been filed.

4. The application is opposed by learned APP for the State and learned counsel appearing for the opposite party no.2. Learned counsel for the opposite party no.2 submits that the petitioners have been pursuing false cases and getting them registered against the opposite party no.2. The reasons mentioned in the petition and especially in paragraph no.2 is neither justified nor supported with any supporting documents. It is submitted that even if the Court is inclined to allow the

5. Having heard learned counsel for the parties and having perused the contents of the petition, the prayer made in no.39621 of 2025 is modified to the extent that the time granted to the petitioners to surrender in the learned Court below is extended by a further period of four weeks from today. The no.39621 of 2025 shall remain unchanged.

7. The application stands allowed to the above extent.

(Partha Sarthy, J)

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