Patna High Court
Md. Shamshad @ Mohammad SamsadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJIV ROY
Holding
The anticipatory bail order is modified subject to payment of Rs.500 to the Legal Services Committee and the surrender period is extended by four weeks.
Summary
The petitioner, Md. Shamshad, had been granted anticipatory bail in an earlier criminal miscellaneous proceeding (Cr. Misc. No. 59126 of 2025). He filed a petition (Cr. Misc. No. 13829 of 2026) seeking modification of that order, alleging that he was working outside the state and was unaware of the timing of the bail order. The High Court examined whether the anticipatory bail could be altered and what conditions, if any, should be imposed. The Court allowed the modification on the condition that the petitioner pay a fee of Rs.500 to the Patna High Court Legal Services Committee. Additionally, the period for surrender was extended by four weeks from the date of the order. The order was pronounced by Justice Rajiv Roy on 25‑02‑2026.
Issues considered
- Whether the anticipatory bail order granted earlier can be modified on the petitioner's claim of unawareness due to being posted outside the state
- Whether imposing a payment of Rs.500 to the Legal Services Committee is a valid condition for modification
- Whether the period of surrender can be extended by the Court
Subjects
- anticipatory bail
- modification of bail
- criminal miscellaneous
- surrender period
- legal services fee
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13829 of 2026
In
CRIMINAL MISCELLANEOUS No.59126 of 2025
Arising Out of PS. Case No.-137 Year-2024 Thana- Bathnaha District- Araria
======================================================
Md. Shamshad @ Mohammad Samsad S/o- Md. Najamul R/v- Fena Belahi
W.No-12, Ps- Bathnaha Dist- Araria
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Department of Mines, The Govt. of Bihar, Patna Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kishore Bharti, Advocate
For the State : Mr. Harendra Prasad, APP
For the Mines Dept. : Mr. Naresh Dikshit, Advocate
======================================================
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 09.09.2025 passed by the
Hon’ble Court in Cr. Misc. No. 59126 of 2025 by which the
prayer for anticipatory bail of the petitioner was allowed.
3. In this case on 09.09.2025, relief was granted to the
petitioner in Cr. Misc. No. 59126 of 2025 and now the
modification petition has been filed recording that they were
working outside and could not knowing time about the order.
4. Accordingly, Cr. Misc. No. 13829 of 2026 is
allowed subject to payment of Rs.500/- to the Patna High Court
Legal Services Committee.
Patna High Court CR. MISC. No.13829 of 2026(2) dt.25-02-2026
2/2
5. The period of surrender is further extended by four
weeks from today.
(Rajiv Roy, J)
vinayak/-
U T
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