Patna High Court
Akshay KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court modified the bail order, extending the surrender period by an additional four weeks.
Summary
The petitioners, Akshay Kumar and Sunni Kumar, were granted bail in Criminal Miscellaneous No. 78932 of 2024 and were directed to surrender to the lower court within four weeks. They were unable to comply because they were not informed of the bail order and, being resident outside the jurisdiction and employed as labourers, could not appear. They filed an application on 06-02-2026 seeking modification of the surrender deadline. The Court, after hearing counsel for both sides, found merit in their explanation and decided to extend the surrender period. Consequently, the original order was modified to grant an additional four weeks for surrender, with all other terms remaining unchanged.
Issues considered
- Whether the bail order directing surrender within four weeks can be modified on account of the petitioners' inability to surrender due to lack of notice and logistical constraints
Subjects
- bail
- modification of order
- surrender deadline
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 6878 of 2026
In
CRIMINAL MISCELLANEOUS No.78932 of 2024
Arising Out of PS. Case No.-64 Year-2024 Thana- AZIMABAD District- Bhojpur
======================================================
1. Akshay Kumar Son of Ashok Prasad Resident of village- Chilahar PS
-Azimabad Dist- Bhojpur
2. Sunni Kumar @ Sunny Deo Kumar @ Sanni Kumar @ Sanni Deowal
Kumar Son of Basant Prasad Resident of village- Chilahar PS -Azimabad
Dist- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rama Kant Singh, Advocate
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have filed the instant application for
modification of the order dated 02.12.2024 whereby while
granting bail to the petitioners in connection with Azimabad P.S.
Case No. 64 of 2024 the petitioners were directed to surrender
in the court below within a period of four weeks.
3. It is submitted by learned counsel for the petitioners
that the petitioners could not surrender before the learned court
below because the parivikaar of the case could not inform the
petitioners regarding their grant of bail by this Court and the
Patna High Court CR. MISC. No. 6878 of 2026(2) dt.06-02-2026
2/2
both the petitioners reside outside and work as labourer for their
livelihood.
4. Having heard learned counsel for the parties and
taking into consideration the submissions made on behalf of the
petitioners and the contents of the modification application, the
court is inclined to allow the prayer of the petitioners.
5. The order dated 02.12.2024 passed in Cr. Misc. No.
78932 of 2024 is modified and the time granted to the
petitioners in the said order to surrender in the court below is
extended by a further period of four weeks from today.
6. The remaining part of the order shall remain
unchanged.
7. The application stands allowed to the above extent.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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