Patna High Court
Md. Sarwar Alam @ sarwar AlamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJIV ROY
Holding
The anticipatory bail order was modified, directing payment of Rs.500 to the Legal Services Committee and extending the surrender period by four weeks.
Summary
The petitioner, Md. Sarwar Alam, was granted anticipatory bail by the Patna High Court on 17 December 2025 in Cr. Misc. No. 61172 of 2025. He subsequently filed a petition (Cr. Misc. No. 12738 of 2026) seeking modification of that order, claiming a motorcycle accident prevented him from surrendering within the prescribed time. Although the medical prescription was not attached, counsel submitted evidence of the injury. The Court considered whether an anticipatory bail order could be altered on the ground of inability to surrender due to a medical condition. It held that the order could be modified, directing the petitioner to pay Rs.500 to the High Court Legal Services Committee and extending the surrender period by four weeks. The modification was granted, allowing the petitioner additional time to comply.
Issues considered
- Whether anticipatory bail can be modified on account of the petitioner’s inability to surrender due to a medical injury
- Whether the petitioner should be required to pay a fee to the Legal Services Committee as a condition of modification
Subjects
- anticipatory bail
- modification of bail
- surrender
- medical incapacity
- legal services committee
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12738 of 2026
In
CRIMINAL MISCELLANEOUS No.61172 of 2025
Arising Out of PS. Case No.-636 Year-2022 Thana- SHASTRINAGAR District- Patna
======================================================
Md. Sarwar Alam @ sarwar Alam son of Late Imim Hussain Resident Of
Village- Azad Nagar, Ward No 13, Police Station- Araria, District -Araria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ravi Sushant Son of Late Shankar Prasad Sharma Resident Of Village- 104-
A Raghwendra Lok Apartment, Punaichak, Ps- Shastrinagar, Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate
For the State : Mr. Rajendra Prasad Nat, 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 17.12.2025 passed by the
Hon’ble Court in Cr. Misc. No. 61172 of 2025 by which the
prayer for anticipatory bail of the petitioner was allowed.
3. In this case on 17.12.2025, relief was granted to the
petitioner in Cr. Misc. No. 61172 (Md. Sarwar Alam vs. The
State of Bihar) but now the modification petition has been filed
submitting that due to motorcycle accident, he could not
surrender in time.
4. Though it has not been attached with the petition,
learned counsel for the petitioner provided the medical
Patna High Court CR. MISC. No.12738 of 2026(2) dt.25-02-2026
2/2
prescription to show the injury.
5. In that background, Cr. Misc. No.12738 of 2026 is
allowed subject to payment of Rs.500/- to Patna High Court
Legal Services Committee.
6. The period of surrender is further extended by four
weeks from today.
(Rajiv Roy, J)
vinayak/-
U T
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