Patna High Court
Akbar Sah @ Akbar AliversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PARTHA SARTHY
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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