Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the bail order may be modified to extend the surrender period by four weeks to remedy the address error.
Summary
The petitioner, Deepak Kumar, sought modification of a bail order dated 01.08.2025 which required him to surrender within four weeks. He argued that his address was incorrectly recorded in the bail application, causing difficulty in complying with the surrender requirement. The court considered the inadvertent mistake and the petitioner's inability to surrender due to the wrong address. It allowed the petitioner's request to correct the address and extended the surrender period by an additional four weeks from the date of the order. The rest of the original bail order remained unchanged.
Issues considered
- Whether a bail order can be modified to extend the surrender period due to an inadvertent error in the petitioner’s address
Subjects
- bail
- modification of order
- address mistake
- surrender
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2505 of 2026
In
CRIMINAL MISCELLANEOUS No.46466 of 2025
Arising Out of PS. Case No.-21 Year-2025 Thana- AKILPUR District- Saran
======================================================
Deepak Kumar S/o Shambhu Ray R/o vill - Apsaid, P.S.- Sonepur, Distt.-
Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has filed the instant application for
modification of the order dated 01.08.2025 whereby while
granting bail to the petitioner in connection with Akilpur P.S. 21
of 2025, the petitioner was directed to surrender in the Court
below within a period of four weeks.
3. It is submitted by learned counsel for the petitioner
that in bail application, address of the petitioner no.2 was typed
as “Resident of Village- Navdiyara, P.S. Akilpur, District-
Saran at Chapra” but in fact his address is “Resident of
Village- Apsaid, P.S. Sonepur, District- Saran at Chapra”
and due to this inadvertent mistake he could’nt surrender.
Patna High Court CR. MISC. No.2505 of 2026(2) dt.06-02-2026
2/2
4. Having heard learned counsel for the parties and
taking into consideration the submissions made on behalf of the
petitioner and the contents of the modification application, the
court is inclined to allow the prayer of the petitioner regarding
address of petitioner no.2.
5. The order dated 01.08.2025 passed in Cr. Misc. No.
46466 of 2025 is modified and the time granted to the petitioner
in the said order to surrender in the court below is extended by a
further period of four weeks from today.
6. The remaining part of the order shall remain
unchanged.
7. The application stands allowed to the above extent.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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