Patna High Court
Basudeo MukhiyaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that the bail order may be modified to grant the petitioner an additional four weeks to surrender.
Summary
The petitioner, Basudeo Mukhiya, filed an application seeking modification of a bail order dated 09-09-2025, requesting additional time to surrender before the concerned court. He had deposited Rs.3,000 with the Advocates’ Association and cited unavoidable circumstances for not surrendering within the originally granted six weeks. The State, represented by an A.P.P., raised no objection to the extension. The court, after hearing both sides, allowed the modification application and granted the petitioner an additional four weeks from the date of the order to surrender. Consequently, the original bail order was modified to reflect this extended period.
Issues considered
- Whether the bail order dated 09-09-2025 can be modified to extend the time for surrender before the concerned court
Subjects
- bail
- modification
- extension of time
- surrender
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2372 of 2026
In
CRIMINAL MISCELLANEOUS No.57444 of 2025
Arising Out of PS. Case No.-212 Year-2025 Thana- BANJARIA District- East Champaran
======================================================
Basudeo Mukhiya S/o Late Nathi Mukhiya R/o Village- Ghormarwa, PS-
Banjariya, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Shadab Alam Wazdi, Advocate.
For the Opposite Party/s : Mr. Abhay Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 30-01-2026 1. Learned counsel for the petitioner submits that he
has deposited Rs.3,000/- in the account of Advocates’
Association, Patna High Court.
2. This application has been filed for modification of
the bail order dated 09.09.2025 passed in Cr. Misc. No.57444 of
2025.
3. Learned counsel for the petitioner submitted that
six weeks’ time was granted to the petitioner to surrender before
the concerned Court, but due to unavoidable circumstances, he
could not surrender before the concerned Court within the
stipulated time. It is submitted that further two weeks’ time may
be granted to the petitioner to surrender before the concerned
Court.
Patna High Court CR. MISC. No.2372 of 2026(3) dt.30-01-2026
2/2
4. Learned A.P.P. for the State has no objection for the
same.
5. Having heard the learned counsel for the parties
and considering the averments made in the application, the
present Modification Application stands allowed.
6. Further four weeks’ time from today is granted to
the petitioner to surrender before the Court concerned.
7. Accordingly, the order dated 09.09.2025 passed in
Cr. Misc. No.57444 of 2025, stands modified to the above
extent.
(Sunil Dutta Mishra, J)
Ritik/-
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