Patna High Court
Afzal Hussain @ AfzalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PARTHA SARTHY
Holding
The bail order is modified, extending the surrender period by four weeks.
Summary
The petitioner, Afzal Hussain, sought modification of a bail order dated 16‑10‑2025 which required him to surrender to the trial court within four weeks. He was working in Kuwait and could only return in December, submitting his passport pages and airline ticket as proof. The bail was originally granted after the parties reached a matrimonial settlement mediated by the Patna High Court Mediation Centre. The court examined whether the surrender deadline could be extended given the petitioner’s circumstances. Finding merit in the petitioner's request, the court extended the surrender period by an additional four weeks and allowed the application.
Issues considered
- Whether the bail order directing surrender within a specified period can be modified due to the petitioner’s inability to return to India promptly
- Whether the court has jurisdiction to extend the surrender deadline in a bail case involving a matrimonial dispute
Subjects
- bail
- modification of bail order
- surrender deadline
- extension of time
- mediation
- matrimonial dispute
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3171 of 2026
In
CRIMINAL MISCELLANEOUS No.43758 of 2025
Arising Out of PS. Case No.-79 Year-2024 Thana- THAKRAHA District- West Champaran
======================================================
Afzal Hussain @ Afzal S/O Mohammad Hussain R/O Village- Malahi Tola,
Ward no. 13, P.S- Thakraha, District- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Savina Khatoon W/O Afzal Hussain @ Afzal, D/O Alamgir Alam R/O
Village- Malahi Tola, Ward No. 13, P.S- Thakraha, Distt.- West Champaran.
Present Address- Village- Hafua Chaturbhuj, P.S- Taraya Sujan, Distt.-
Kushinagar (UP).
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Ms. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant application has been filed for
modification of the order dated 16.10.2025 passed in Cr. Misc.
no.43758 of 2025 whereby while granting bail to the petitioner
in connection with Thakraha Case no.79 of 2024, the petitioner
was directed to surrender in the learned Court below within a
period of four weeks.
3. Learned counsel for the petitioner submits that the
petitioner who is working outside the country in Kuwait could
only return in the month of December. To substantiate his case,
Patna High Court CR. MISC. No.3171 of 2026(2) dt.06-02-2026
2/3
the petitioner has brought on record, copy of the relevant pages
of his passport as also his Airline ticket. It is further submitted
that the petitioner could not surrender within the time granted
for reasons beyond his control. As such, the order be modified
extending the period for the petitioner to surrender in the
learned Court below.
4. Heard learned APP for the State.
5. It may be observed here that the case arises out of a
matrimonial dispute between the petitioner and the informant.
While considering the application for bail of the petitioner, the
matter had been referred for mediation to the Patna High Court
Mediation Centre where the parties entered into a compromise
vide agreement dated 25.9.2025 which was signed by both the
parties as also their counsels. It was as a result of the settlement
arrived at that the bail was granted also incorporating the entire
agreement in the order granting bail.
6. In view of the facts and circumstances of the case,
the Court is satisfied that the petitioner has made out a case for
extension of time.
7. The order dated 16.10.2025 passed in Cr. Misc.
no.43758 of 2025 granting bail to the petitioner is modified and
the period directing the petitioner to surrender in the learned
Patna High Court CR. MISC. No.3171 of 2026(2) dt.06-02-2026
3/3
Court below is extended by a further period of four weeks from
today.
8. It may be observed here that the instant order will
be subject to any objection/application which may be filed in
opposition by the informant/opposite party no.2.
9. The application stands allowed.
(Partha Sarthy, J)
Saurabh/-
U T
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