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Patna High Court

Akbar Sah @ Akbar AliversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the surrender deadline can be extended when the petitioner demonstrates valid reasons for non‑compliance.

Summary

The petitioner, Akbar Sah, was granted bail in Cr. Misc. No.46277 of 2025 with a condition to surrender to the lower court within four weeks. He was unable to comply due to reasons beyond his control and filed an application seeking modification of the surrender deadline. The court examined the petition and heard arguments from both sides. Finding that the petitioner had made a sufficient case for an extension, the court modified the original order, extending the surrender period by an additional four weeks from the date of the order. All other terms of the original bail order remained unchanged. The application was therefore allowed.

Issues considered

  • Whether the bail condition requiring surrender within four weeks can be extended due to the petitioner's inability to comply.

Subjects

  • bail
  • surrender
  • extension of time
  • modification of order
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6767 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.46277 of 2025
                  Arising Out of PS. Case No.-281 Year-2023 Thana- BAIKUNTHPUR District- Gopalganj
                 ======================================================
                 Akbar Sah @ Akbar Ali S/O Tayuub Sah @ Tahiri Sai Resident of Village-
                 Shankarapur, P.S.- Baikunthpur, District- Gopalganj.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Shubhangi Pandey, Advocate
                                                 Ms. Shambhavi Priya, Advocate
                 For the Opposite Party/s :      Mr. Brajendra Nath Pandey, 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 praying for

                   modification of the order dated 17.10.2025 passed in Cr. Misc.

                   no.46277 of 2025 whereby while granting bail to the petitioner

                   in connection with Baikunthpur P.S. Case no.281 of 2023, the

                   petitioner was directed to surrender in the learned Court below

                   within a period of four weeks.

                                 3. It is submitted by learned counsel for the petitioner

                   that for reasons beyond the petitioner’s control, as stated in the

                   petition, he could not surrender within the time granted. As

                   such, the instant application.
            Patna High Court CR. MISC. No.6767 of 2026(2) dt.06-02-2026
                                                        2/2




                                   4. Having heard learned counsel for the parties and

                      having perused the contents of the petition, the Court is satisfied

                      that the petitioner has made out a case for extension of time and

                      for modification of the order.

                                   5. The order dated 17.10.2025 passed in Cr. Misc.

                      no.46277 of 2025 is modified to the extent that the time granted

                      therein for the petitioner to surrender in the       learned Court

                      below is extended by a further period of four weeks from today.

                      The remaining part of the order shall remain the same.

                                   6. The application stands allowed to the above extent.



                                                  (Partha Sarthy, J)
Saurabh/-

U      T


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