Patna High Court
Md. Saddam Alam @ Md. SaddamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANSHUMAN
Holding
The court allowed the modification, extending the surrender period by four weeks subject to a bail bond and a Rs.1,000 deposit.
Summary
The petitioner, Md. Saddam Alam, had been granted anticipatory bail on 12 May 2025 with a direction to surrender before the court within four weeks. The four‑week period elapsed, but the petitioner, who was working as a labourer in Punjab, could not surrender because his employer failed to inform him. He filed a modification application seeking an extension of the surrender deadline. The State opposed, attributing the delay to the petitioner’s own circumstances. The court held that the order could be corrected and extended, granting an additional four weeks from the date of the hearing, subject to a bail bond and a Rs.1,000 deposit. Consequently, the modification application was allowed.
Issues considered
- What is the appropriate remedy when a petitioner fails to surrender within the stipulated period for anticipatory bail due to inadvertent delay?
- Can the court modify an anticipatory bail order to extend the surrender deadline?
Subjects
- anticipatory bail
- modification of order
- surrender deadline
- bail bond
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4600 of 2026
In
CRIMINAL MISCELLANEOUS No.84459 of 2024
Arising Out of PS. Case No.-290 Year-2022 Thana- CHAUSA District- Madhepura
======================================================
Md. Saddam Alam @ Md. Saddam S/O Md. Alif Alam R/O Vill- Chousa
(West) , P.S- Chousa, District- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binita Kumari, Adv.
For the Opposite Party/s : Mr.Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present application has been filed for
modification in order dated 12.05.2025 passed in Cr. Misc.
No.84459 of 2024.
3. Counsel submits that by virtue of the said order, the
petitioners were granted anticipatory bail with direction to
surrender before the Court within four weeks. He further
submits that four weeks has already been lapsed, but petitioner
No.2, namely, Md. Saddam Alam could not surrender himself
only due to reason that he was working in Punjab as a labour
and his Pairwikar had not intimated him to surrender before the
Court. As such, he seeks modification/correction in the said
Patna High Court CR. MISC. No.4600 of 2026(2) dt.18-02-2026
2/2
order and submits that time may be extended.
4. Counsel for the State submits that the petitioner is a
labour and it is due to miscommunication of Pairwikar, the
petitioner could not surrender himself before the Court.
5. In the light of the submissions made, let the said
correction be made in the order dated 12.05.2025 passed in Cr.
Misc. No.84459 of 2024 and further four weeks’ time is hereby
extended from today to surrender himself before the Court with
the same condition of bail bond, subject to payment of
Rs.1000/-, which shall be deposited in the account of Patna
High Court Advocates’ Association.
6. Accordingly, the modification application is hereby
allowed upto the extent.
(Dr. Anshuman, J)
Prakashmani/-
U T
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