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Patna High Court

Moktar @ MokhtarversusThe State of Bihar

Decided
Disposal
DISPOSED

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


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