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Patna High Court

Md. AkbarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court allowed the modification application, extending the surrender period to six weeks from the date of the order while leaving other conditions intact.

Summary

The petitioners, Md. Akbar and Md. Saddam, were granted anticipatory bail on 18‑12‑2025 in connection with PS case No. 192 of 2025, with a condition to surrender before the lower court within four weeks. They filed a modification application seeking an extension of the surrender period, citing reasons set out in paragraph 5 of their application. The Patna High Court considered whether the surrender deadline could be altered without disturbing the other bail conditions. The Court held that the surrender period could be extended and ordered a six‑week extension from the date of the modification order, keeping all other conditions unchanged. Consequently, the modification application was allowed, effectively amending the original anticipatory bail order.

Issues considered

  • What is the appropriate procedure for modifying the surrender period stipulated in an anticipatory bail order?

Subjects

  • anticipatory bail
  • modification
  • surrender period
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28412 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.86500 of 2025
                     Arising Out of PS. Case No.-192 Year-2025 Thana- PANDAUL District- Madhubani
                 ======================================================
           1.     Md. Akbar Son of Md. Bauna Resident of village- Lohat Amritganj PS
                  -Pandaul District- Madhubani
           2.    Md. Saddam son of Md. Majid @ Mo Majid Resident of village- Lohat
                 Amritganj PS -Pandaul District- Madhubani

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Jitendra Kumar Bharti, Adv.
                 For the Opposite Party/s :       Mr.Uday Chand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   24-04-2026                  Heard learned counsel for the petitioners and learned

                   counsel for the State.

                                2. The present application has been filed for

                   modification of the order dated 18.12.2025 passed in Cr. Misc.

                   No. 86500 of 2025 by which the petitioners were granted

                   privilege of anticipatory bail by this Court in connection with

                   Pandaul P.S. Case No. 192 of 2025 and the petitioners were

                   directed to surrender before the learned Court below within a

                   period of four weeks from the date of the order i.e. 18.12.2025.

                                3. For the reasons mentioned in Para-5 of the instant

                   modification application, the period for surrender of the

                   petitioners in the learned court below is extended by a further
              Patna High Court CR. MISC. No.28412 of 2026(2) dt.24-04-2026
                                                          2/2




                        period of six weeks from today, while rest of the conditions

                        stipulated in the aforesaid order dated 18.12.2025 shall remain

                        intact.

                                     4. Accordingly, the modification application stands

                        allowed.



                                                                             (Ajit Kumar, J)
rishi/-

U         T


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