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Patna High Court

Md. Saddam Alam @ Md. SaddamversusThe State of Bihar

Decided
Disposal
ALLOWED

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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