Patna High Court
Md. Usman Haider Khan @ Md. Usman Haidar KhanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJIV ROY
Holding
The court allowed the modification, extending the surrender period by four weeks subject to payment of Rs 1,000 to the Legal Services Committee.
Summary
The petitioner, Md. Usman Haider Khan, sought modification of an anticipatory bail order dated 11‑09‑2025 which required him to surrender within four weeks and furnish a bail bond of Rs 10,000 with two sureties, plus a demand draft of Rs 3,50,000 to the Block Development Officer. He claimed financial hardship and was unable to arrange the required amount. The High Court considered his request and, noting his statements, extended the surrender period by an additional four weeks. The extension was conditioned on a nominal payment of Rs 1,000 to the Patna High Court Legal Services Committee, the proceeds of which would be used for purchasing flower pots. The order thus modified the original bail conditions to accommodate the petitioner’s circumstances.
Issues considered
- Whether the anticipatory bail order can be modified to extend the surrender period due to the petitioner’s financial hardship
- Whether imposing a nominal payment to the Legal Services Committee as a condition for the extension is permissible
Subjects
- anticipatory bail
- modification of bail order
- surrender period
- financial hardship
- legal services committee
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2654 of 2026
In
CRIMINAL MISCELLANEOUS No.37105 of 2025
Arising Out of PS. Case No.-152 Year-2024 Thana- KUSHESHWARASTHAN District-
Darbhanga
======================================================
Md. Usman Haider Khan @ Md. Usman Haidar Khan S/o- Allauddin Khan
Village- Ahilwara PS- Biroul District- Darbhanga, the then Panchayat
Secretary, Parkhand Kuseshwar Asthan Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Mishram, Adv.
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, 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
11.09.2025 passed in Cr.Misc.No. 37105 of
2025 by this Court where by and where
under the Hon'ble court has directed to
release the petitioner on Anticipatory bail in
the event of his arrest or surrender before
the learned court below within a period of
four weeks from the date of receipt of the
order on furnishing bail bond of Rs. 10.000/-
with two sureties of the like amount each to
the satisfaction of learned Court below
subject to the condition that the petitioner is
ready to pay Rs. 3,50,000/- by demand draft
Patna High Court CR. MISC. No.2654 of 2026(2) dt.16-01-2026
2/2
in favour of the Block Development Officer,
Kuseshwar Asthan, Darbhanga and the said
demand draft shall be made available to the
concerned court at the time of execution of
the bail bond.
3. Earlier, the relief was granted to the petitioner but a
modification petition has been filed stating that due to financial
hardship, he failed to arrange the amount to deposit for
furnishing bail bond and as such, the time be extended.
4. In view of the statement made in paragraph 5 to 7
of the petition, the same is allowed and 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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