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Patna High Court

Satish Kumar @ Satish YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner’s illness constituted a valid reason to extend the time for surrender and therefore allowed the modification petition.

Summary

Satish Kumar was ordered by the Patna High Court to surrender on 04-02-2026 in Criminal Miscellaneous No.59338 of 2024. He was unable to do so because he was suffering from a viral fever, which he claimed was neither intentional nor deliberate. He filed a modification petition (Cr. Misc. No.30602 of 2026) seeking an extension of time to surrender. The court, after considering the medical reason, allowed the modification and directed the petitioner to surrender before the trial court and furnish a bail bond within two weeks, i.e., by 16-05-2026. The order was treated as part of the earlier surrender order and the modification petition was disposed of.

Issues considered

  • Whether an extension of time to surrender can be granted on the ground of illness such as viral fever

Subjects

  • modification petition
  • surrender
  • extension of time
  • illness
  • bail bond
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30602 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.59338 of 2024
                         Arising Out of PS. Case No.-169 Year-2023 Thana- GURUA District- Gaya
                 ======================================================
                 Satish Kumar @ Satish Yadav S/O Shiv Nandan Yadav R/O Village- Rajan ,
                 P.S- Gurua, District -Gaya Jee.

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Fula Kumari W/O Satish Yadav R/O Village- Rajan P.S.- Gurua Distt.- Gaya
                 Jee.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Brijmohan Das
                 For the Opposite Party/s :       Mr.Humayou Ahmad Khan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   01-05-2026                     1. The present modification petition is being

                   filed as to extend the time to surrender of the petitioner

                   as directed in terms of order dated 04.02.2026 as

                   passed in Cr. Misc. No. 59338 of 2024.

                                2. It is pointed out by learned counsel

                   appearing for the petitioner that as petitioner was

                   suffering from viral fever, therefore, he could not

                   surrender within time as directed in aforesaid order and

                   it was neither intentional nor deliberate.

                                3. In view of aforesaid submission and further
              Patna High Court CR. MISC. No.30602 of 2026(2) dt.01-05-2026
                                                          2/2




                        by taking note of reason stated in petition itself the

                        present modification petition stands allowed.

                                     4.    Accordingly,         petitioner   is   directed   to

                        surrender before trial court to furnish bail bond within

                        two weeks as of now i.e., on or before 16.05.2026.

                                     5. This order shall be treated as a part of order

                        dated 04.02.2026 as passed in Cr. Misc. No. 59338 of

                        2024.

                                     6. Accordingly, Present modification petition

                        stands disposed of.



                                                                 (Chandra Shekhar Jha, J)
Sudha/-

U         T


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