Patna High Court
Akhilesh YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The modification petition for anticipatory bail was dismissed as the petitioner failed to satisfy the court as to why the condition should be altered.
Summary
The petitioner, Akhilesh Yadav, had been granted anticipatory bail on 31 July 2023 with the condition to appear at the police station on 21 August 2023 between 11 am and 2 pm. He failed to appear, claiming it was inadvertent, and filed a petition seeking modification of the bail order to extend the surrender period. The court examined the petition and found that the petitioner did not provide any satisfactory explanation for his non‑compliance with the condition. Consequently, the court held that the petitioner had not met the burden of showing why the condition should be altered. The modification petition was therefore dismissed.
Issues considered
- What is the appropriate judicial response when a petitioner fails to comply with a condition of anticipatory bail without providing a satisfactory explanation?
Subjects
- anticipatory bail
- modification of bail
- non‑compliance
- Criminal Procedure Code
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20208 of 2025
In
CRIMINAL MISCELLANEOUS No.36573 of 2023
Arising Out of PS. Case No.-546 Year-2021 Thana- GAYA MUFASIL District- Gaya
======================================================
Akhilesh Yadav Son of Chauthi Yadav Resident of Village - Budhaul, P.S. -
Bodhgaya, District -Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Durgesh Nandan, Advocate
For the State : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 09-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. This petition has been filed for modification of
order dated 31.07.2023 passed in Cr. Misc. No. 36573 of 2023
by a Co-ordinate Bench of this Hon’ble Court whereby the
petitioner was granted anticipatory bail with a condition to
remain present at the concerned police station on 21st August,
2023 between 11 AM to 2 PM.
3. Learned counsel for the petitioner submits that
inadvertently, petitioner did not appear before the concerned
police station on 21st August, 2023 between 11 AM to 2 PM and
thus, prays for extension of period to surrender.
4. From perusal of the facts and circumstances of the
Patna High Court CR. MISC. No.20208 of 2025(3) dt.09-01-2026
2/2
case and materials available on record, this Court is of the view
that petitioner has not satisfied the Court as to what prevented
the petitioner for complying with the conditions of the order
dated 31.07.2023 passed in Cr. Misc. No. 36573 of 2023.
5. Accordingly, this modification petition is
dismissed.
(Prabhat Kumar Singh, J)
shashank/-
U T
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