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Patna High Court

Baidyanath Yadav Vednath YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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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