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Patna High Court

Ramdhayan YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The period of surrender is extended by three weeks subject to deposit of Rs.2000 with the District Legal Services Authority.

Summary

The petitioner, a labourer working out of state, filed a petition to modify the bail order dated 28-01-2026, claiming he was unaware of the bail grant and missed the surrender deadline. The court considered whether the surrender period could be extended given the petitioner's lack of knowledge and circumstances. It held that the surrender period could be extended by three weeks from the receipt of the modification order. The extension was conditioned upon the petitioner depositing Rs.2000 with the District Legal Services Authority. Consequently, the original bail order was modified accordingly and the modification application was disposed.

Issues considered

  • Whether the period of surrender under the bail order can be extended on account of the petitioner's lack of knowledge and inability to surrender on time

Subjects

  • bail
  • modification of order
  • surrender period
  • criminal miscellaneous
  • legal services authority

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28891 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.2962 of 2026
                      Arising Out of PS. Case No.-150 Year-2025 Thana- AMBA District- Aurangabad
                 ======================================================
                 Ramdhayan Yadav son of Vinesh Yadav Resident of village- Dariyapur Yadav
                 Bigha Ps- Amba District- Aurngabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amit Anand, Advocate
                 For the Opposite Party/s :       Mr. Nitya Nand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   01-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The present application has been filed for

                   modification of order dated 28.01.2026 passed in Cr. Misc No.

                   2962 of 2026 to the extent of extending the period of surrender.

                                3. Learned counsel for the petitioner submits that the

                   petitioner is working out of State as labourer and he had no

                   knowledge about the the fact that he had been granted bail as the

                   parvikar had not informed him. When he came to his house on

                   the occasion of Holi, then he was informed by his pairvikar that

                   he had been granted bail, but till then the time for furnishing the

                   bail bond had lapsed.

                                4. After hearing learned counsel for the petitioner and
              Patna High Court CR. MISC. No.28891 of 2026(2) dt.01-05-2026
                                                          2/2




                        for the reasons mentioned in the modification application, the

                        period of surrender is extended by three weeks from the date of

                        receipt/production of a copy of this order in connection with

                        Amba P.S. Case No. 150 of 2025, subject to deposit of sum of

                        Rs.2000/- (Rupees Two Thousand) in the concerned District

                        Legal Services Authority.

                                     5. The order dated 28.01.2026 is modified to the

                        extent as indicated above.


                                     6. Accordingly, this modification application stands

                        disposed of.



                                                  (Soni Shrivastava, J)
anand/-

U         T


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