Patna High Court
Mahesh YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SOURENDRA PANDEY
Holding
The court held that the time for surrender under the provisional anticipatory bail can be extended by modifying the earlier order.
Summary
The petitioner, Mahesh Yadav, had been granted provisional anticipatory bail on 12-12-2025 with a condition to surrender before the lower court within four weeks. He filed a petition seeking an extension of the surrender period due to unavoidable circumstances. The petitioner’s counsel argued that the original deadline could not be met and requested an additional four weeks. The court considered the submission and the reasons provided, and allowed the prayer. The earlier order was modified, granting the petitioner an additional four weeks from 13-02-2026 to surrender, retaining the same bail terms. Consequently, the application for extension was allowed.
Issues considered
- Whether the provisional anticipatory bail order can be modified to extend the time for surrender before the lower court
Subjects
- anticipatory bail
- provisional bail
- extension of time
- surrender
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11240 of 2026
In
CRIMINAL MISCELLANEOUS No.50776 of 2025
Arising Out of PS. Case No.-59 Year-2025 Thana- Tilkamanjhi District- Bhagalpur
======================================================
Mahesh Yadav, S/O Late Lagandev Yadav, R/O Village- Mamlakha, P.S-
Sabour, District- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Dr. Dinanath, S/O Late Ambikadutt Singh, R/O Mohalla- Netaji Subhash
Chandra Boss Marg, Tilkamanjhi, P.S- Tilkamanjhi, Distt.- Bhagalpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ankit Raj, Adv.
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 13-02-2026 Heard the learned counsel for the parties.
2. The petitioner was granted provisional anticipatory
bail by this Court vide order dated 12.12.2025 passed in Cr.
Misc. No. 50776 of 2025, in connection with Tilkamanjhi P.S.
Case No. 59 of 2025, with a direction to him to surrender before
the learned Court below within a period of four weeks from the
date of the passing of the order on certain terms and conditions.
3. The petitioner has approached this Court through
the present petition seeking extension of time for surrendering
before the Court below.
Patna High Court CR. MISC. No.11240 of 2026(2) dt.13-02-2026
2/2
4. It has been submitted on behalf of the petitioner
that due to some unavoidable circumstances, he could not
surrender before the learned Court below within the stipulated
period.
5. It has, thus, been prayed that the order dated
12.12.2025 be modified to the extent that the time granted to the
petitioner to surrender before the learned Court below be
extended for a further period of four weeks.
6. Considering the aforesaid submission and the
reasons stated in the application, the prayer is allowed.
7. The order dated 12.12.2025, referred to above, is
modified to the extent that if the petitioner, above named,
surrender before the learned Court below within a period of four
weeks from today, i.e., 13.02.2026, he shall be released on
provisional anticipatory bail on the same terms and conditions
as laid down in the order dated 12.12.2025.
8. With the aforesaid modification in the order dated
12.12.2025, the application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
U T
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