Patna High Court
Baidyanath Yadav Vednath YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJIV ROY
Holding
The High Court may extend the surrender period, subject to reasonable conditions, and therefore modified the earlier order.
Summary
The petitioners, four members of the Yadav family, were directed by the Patna High Court to surrender and furnish a bail bond in a criminal miscellaneous case. They filed an application seeking modification of the order dated 15‑10‑2025 to extend the surrender period, claiming they could not comply within the stipulated time. The court examined the statements made in paragraphs 5 to 7 of the petition and considered the need for a further extension. It granted a further four‑week extension, conditioning it on the payment of Rs 1,000 to the Patna High Court Legal Services Committee for the purchase of flower pots. The modification order was thus issued, allowing the petitioners additional time to surrender under the stipulated condition.
Issues considered
- Whether the High Court can extend the period for surrender and furnishing bail bond upon the petitioner's application and impose conditions for such extension?
Subjects
- bail
- surrender
- modification of order
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2389 of 2026
In
CRIMINAL MISCELLANEOUS No.41895 of 2025
Arising Out of PS. Case No.-242 Year-2022 Thana- BIRAUL District- Darbhanga
======================================================
1. Baidyanath Yadav Vednath Yadav S/O Late Maheshwar Yadav Resident of
Village- Singhaul, Police Station- Biroul, District- Darbhanga
2. Shivnath Yadav @ Vishwa Nath Yadav S/o Baidyanath Yadav @ Vednath
Yadav Resident of Village- Singhaul, Police Station- Biroul, District-
Darbhanga
3. Shashinath Yadav @ Shashi Nath Kumar S/o Baidyanath Yadav @ Vednath
Yadav Resident of Village- Singhaul, Police Station- Biroul, District-
Darbhanga
4. Brij Yadav @ Brij Kumar S/o Kusheshwar Yadav @ Kushe Yadav Resident
of Village- Singhaul, Police Station- Biroul, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Adv.
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 16-01-2026 Heard the parties.
2. The present application has been preferred:
for modification of order dated-
15.10.2025 passed in Cr. Misc. No. 41895 of
2025 by this Court to the extent that period
of surrender and furnishing bail bond in the
court below may be extended for further few
weeks as directed in the aforesaid order
dated- 15.10.2025 under the facts and
circumstances stated hereunder.
3. Earlier, the relief was granted to the petitioner but a
Patna High Court CR. MISC. No.2389 of 2026(2) dt.16-01-2026
2/2
modification petition has been filed stating that he could not
surrender in time as such, the time be extended.
4. In view of the statement made in paragraph 5 to 7
of the petition, the surrender time is extended by further four
weeks subject to payment of Rs. 1,000/- to Patna High Court
Legal Services Committee which in turn will go to SUVAS Cell,
Patna for the purchase of flower pots.
(Rajiv Roy, J)
Vijay Singh/-
U T
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