Patna High Court
Abhishek Kumar @ Abhishek YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that the surrender period can be extended when the petitioner is unable to comply due to a serious illness.
Summary
The petitioner, Abhishek Kumar, was directed by the Patna High Court on 11 October 2023 to surrender within six weeks for bail proceedings. He was unable to do so because he suffered a serious illness from 8 to 23 November 2023, during which his doctor prescribed bed rest. He filed a modification application seeking an extension of the surrender deadline. The State of Bihar did not object to the extension. The Court, after hearing both sides, allowed the modification and granted an additional four weeks for the petitioner to surrender, keeping the original bail conditions intact.
Issues considered
- Whether a court may extend the prescribed surrender period for bail on account of the petitioner's serious illness
Subjects
- bail
- modification of order
- surrender deadline
- illness
- criminal miscellaneous
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15243 of 2026
In
CRIMINAL MISCELLANEOUS No.60519 of 2023
Arising Out of PS. Case No.-97 Year-2023 Thana- NADI P.S. District- Patna
======================================================
Abhishek Kumar @ Abhishek Yadav S/o Rameshwar Ray Resident Jethuli,
P.S.- Nadi, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Singh
For the Opposite Party/s : Mr.Jagdhar Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 03-04-2026 The present petition has been filed for modification
of order dated 11.10.2023 passed in Cr. Misc. No. 60519 of
2023 by which petitioner was directed to be released on bail in
the event of his arrest or surrender before the learned Court
below within a period of six weeks from today (i.e. 11.10.2023)
with the conditions as detailed in the aforesaid order.
2. Learned counsel for the petitioner submits that the
petitioner could not surrender before the Court below within the
prescribed time given by this Court due to the reason that he was
seriously ill from 08.11.2023 to 23.11.2023 and Doctor had
advised him to complete bed rest. Accordingly, petitioner has
filed this application for modification of the order dated
11.10.2023 to the extent that he may be permitted to surrender
Patna High Court CR. MISC. No.15243 of 2026(3) dt.03-04-2026
2/2
before the Court concerned within six weeks from today.
3. Learned APP for the State has no objection for
extension of period for surrender before the Court concerned.
4. Having heard the learned counsel for the parties and
considering the averments made in the application, the present
Modification Application stands allowed.
5. Further four weeks time from today is granted to
the petitioner to surrender before the Court concerned with the
conditions as stated in the aforesaid order dated 11.10.2023.
6. Accordingly, the order dated 11.10.2023 passed in
Cr. Misc. No. 60519 of 2023 stands modified to the above
extent.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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