Patna High Court
Harendra Yadav @ Harendra Ray @ Harendra PrasadversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RAJIV ROY
Holding
A modification petition filed after the prescribed surrender period cannot be entertained and must be rejected.
Summary
The petitioner, Harendra Yadav, sought modification of an anticipatory bail order dated 24‑09‑2025, which required him to surrender within four weeks. He filed the modification petition on 25‑02‑2026, more than five months after the surrender deadline, claiming there was no bail‑bond document. The court examined whether a petition for modification filed outside the stipulated period could be entertained. It held that the petition was filed well beyond the four‑week window and therefore could not be granted. Consequently, the court rejected the request for modification of the anticipatory bail.
Issues considered
- Whether a petition for modification of an anticipatory bail order can be entertained when filed after the statutory surrender period has elapsed
Subjects
- anticipatory bail
- modification of bail
- procedural time limit
- bail surrender condition
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12713 of 2026
In
CRIMINAL MISCELLANEOUS No.63863 of 2025
Arising Out of PS. Case No.-1031 Year-2018 Thana- BIHTA District- Patna
======================================================
Harendra Yadav @ Harendra Ray @ Harendra Prasad S/O Madheshwar
Yadav R/O Vill.- Daulatpur, P.S.- Bihta, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar, Advocate
For the State : Mr. Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 25-02-2026 Heard the parties.
2. The present petition has been preferred for the
modification of the order dated 24.09.2025 passed by the
Hon’ble Court in Cr. Misc. No. 63863 of 2025 granting
Anticipatory Bail to the petitioner.
3. In this case on 24.09.2025, relief was granted to
the petitioner in Cr. Misc. No. 63863 of 2025 (Harendra Yadav
& Ors. vs. The State of Bihar).
4. The petitioner was to surrender in next four weeks
but in February, 2026, the present case has been filed.
5. The reason given in paragraph no.4 of the petition
that there is no document to stand as bailor.
6. Considering the fact that the petition has not been
Patna High Court CR. MISC. No.12713 of 2026(2) dt.25-02-2026
2/2
filed within period of four weeks and actually after five months,
no relief can be extended.
7. The modification petition stands rejected.
(Rajiv Roy, J)
vinayak/-
U T
Checking your session…