Patna High Court

Daya Shankar MahtoversusThe State of Bihar

Decided: 18 February 2026
Disposal: ALLOWED
Bench: NAWNEET KUMAR PANDEY

Holding

The anticipatory bail order may be modified to extend the surrender period when the petitioner’s health prevents compliance within the original timeframe.

Summary

The petitioner, Daya Shankar Mahto, was granted anticipatory bail in Cr. Misc. No. 38794 of 2025. He was required to surrender and furnish a bail bond within a stipulated period but was unable to do so because he was suffering from jaundice. The petitioner filed an application seeking modification of the bail order to extend the surrender deadline. The court examined the petitioner’s health condition and the circumstances surrounding the delay. Considering these factors, the court allowed the modification and extended the surrender period by four weeks from the date of the order. The order also permitted the petitioner’s counsel to correct paragraph 4 of the bail petition on the same day.

Issues considered

Whether the anticipatory bail order can be modified to extend the time for surrender and furnishing bail bond on account of the petitioner’s illness

Subjects

anticipatory bail
modification of bail order
extension of time
health condition
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11905 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.38794 of 2025
                  Arising Out of PS. Case No.-96 Year-2024 Thana- GHOGHARDIHA District- Madhubani
                 ======================================================
                 Daya Shankar Mahto Son of Dukhi Mahto Village- Pipra Kamalpur (Alola),
                 PS -Ghoghardiha District -Madhubani
                                                                         ... ... Petitioner/s
                                                  Versus
                 The State of Bihar bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr.Ravi Prakash, Adv.
                 For the State             :      Ms.Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   18-02-2026                        As prayed for, learned counsel for the petitioner is

                   permitted to make necessary correction in para-4 of the bail petition

                   in course of the day.

                                 2. The present application has been filed for modification

                   of order dated 09.12.2025 passed in Cr. Misc. No. 38794 of 2025 by

                   which the petitioner was granted anticipatory bail but the petitioner

                   could not surrender and furnish bail bond within the stipulated time

                   as he was suffering from jaundice.

                                 3.     Considering   the   facts   and   circumstances,      the

                   modification application is allowed and the time granted by

                   09.12.2025 passed in Cr. Misc. No. 38794 of 2025 for surrender of

                   the petitioner and furnishing bail bond is extended by four weeks

                   from today.


                                          (Nawneet Kumar Pandey, J)

kundan/-
U      T

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