Patna High Court
Moktar @ MokhtarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR PANDEY
Holding
The court held that the time for surrender and furnishing bail bonds is extended by six weeks on the same terms as the original anticipatory bail order.
Summary
The petitioner, Moktar, had been granted anticipatory bail on 27 May 2025 with a direction to surrender and furnish bail bonds within six weeks. He failed to comply because his wife fell seriously ill with hepatitis, preventing him from meeting the deadline. The petitioner submitted medical evidence and an unconditional apology, seeking an additional six‑week extension. The Additional Public Prosecutor raised no objection to the request. Considering the bona‑fide medical reasons, the court extended the surrender period by six weeks on the same terms as the original order and modified the earlier order accordingly.
Issues considered
- Whether the anticipatory bail order can be modified to extend the time for surrender and furnishing bail bonds on account of bona‑fide medical reasons.
Subjects
- anticipatory bail
- modification of bail order
- extension of time
- medical emergency
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1314 of 2026
In
CRIMINAL MISCELLANEOUS No.34469 of 2025
Arising Out of PS. Case No.-410 Year-2023 Thana- DHAKA District- East Champaran
======================================================
Moktar @ Mokhtar S/O Jumai Miyan R/O Vill.- Bisarahiya, P.s.- Dhaka,
Dist.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manaur Alam, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 The present application has been filed seeking
modification of the order dated 27.05.2025 passed in Criminal
Miscellaneous No. 34469 of 2025, whereby the petitioner was
granted the privilege of anticipatory bail with a direction to
surrender or be arrested and to furnish bail bonds within a
stipulated period of six weeks.
2. Heard learned counsel for the petitioner and learned
Additional Public Prosecutor appearing for the State.
3. Learned counsel for the petitioner submits that no
earlier application for modification has been filed. It is further
submitted that the petitioner was granted anticipatory bail by
this Court vide order dated 27.05.2025 passed in Criminal
Patna High Court CR. MISC. No.1314 of 2026(2) dt.06-02-2026
2/3
Miscellaneous No. 34469 of 2025. However, the petitioner
could not surrender and furnish bail bonds within the stipulated
period due to unavoidable circumstances, as the wife of the
petitioner fell ill and was suffering from Hepatitis, and remained
under medical treatment from 16.08.2025 to 16.10.2025. The
medical certificate dated 16.10.2025, along with medical test
reports, issued in support of the illness of the petitioner’s wife,
has been brought on record and is annexed as Annexure-P/2. It
is submitted that the non-compliance of the order of this Court
was neither deliberate nor intentional. The petitioner tenders his
unconditional apology before this Court and prays for extension
of time by another six weeks for surrender and furnishing of bail
bonds.
4. Learned Additional Public Prosecutor appearing for
the State has no objection to the prayer made on behalf of the
petitioner.
5. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, this
Court is satisfied that the petitioner could not comply with the
earlier order within the stipulated period due to bona fide
reasons. Accordingly, the time for surrender of the petitioner for
furnishing bail bonds is extended by a further period of six
Patna High Court CR. MISC. No.1314 of 2026(2) dt.06-02-2026
3/3
weeks from today, on the same terms and conditions as
stipulated in the order dated 27.05.2025 passed in Criminal
Miscellaneous No. 34469 of 2025, in connection with Dhaka
P.S. Case No. 410 of 2023, to the satisfaction of the learned
Sub-Divisional Judicial Magistrate, Sikrahana (Dhaka), East
Champaran.
6. Accordingly, the order dated 27.05.2025 passed in
Criminal Miscellaneous No. 34469 of 2025 stands modified to
the extent indicated above.
7. The present modification application is,
accordingly, allowed.
8. Let a copy of this order be communicated to the
court of the learned Sub-Divisional Judicial Magistrate,
Sikrahana (Dhaka), East Champaran, in connection with Dhaka
P.S. Case No. 410 of 2023, for needful.
(Alok Kumar Pandey, J)
Nilmani/-
U T
Checking your session…