Patna High Court
NIYAZ AHMADversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court extended the surrender period by four weeks, subject to the petitioner paying the arrears of interim maintenance, and left the remaining bail conditions unchanged.
Summary
The petitioner, Niyaz Ahmad, had been granted anticipatory bail on 26-11-2025 with a condition to pay Rs.7,000 per month as interim maintenance to the second opposite party, Sadiya Noor. He was unable to arrange the payment and consequently could not surrender to the lower court within the stipulated time. He filed an application seeking modification of the bail order to obtain an extension of the surrender period. The Court considered his inability to pay and the need to enforce the maintenance condition. It modified the original order, extending the surrender period by four weeks from the date of the order, subject to the petitioner paying the arrears of interim maintenance at the time of furnishing bail bonds, while keeping all other conditions unchanged. The modification application was thereafter disposed of.
Issues considered
- Whether the surrender period under an anticipatory bail order can be extended when the petitioner fails to pay interim maintenance.
- Whether the court can condition the extension on payment of arrears of interim maintenance.
Subjects
- anticipatory bail
- modification of bail order
- interim maintenance
- surrender deadline
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7295 of 2026
In
CRIMINAL MISCELLANEOUS No.5103 of 2025
Arising Out of PS. Case No.-111 Year-2024 Thana- MAHILA PS District- Darbhanga
======================================================
NIYAZ AHMAD S/O MD. ABBAS R/o vill - Bauram, P.S. - Jamalpur OP,
Bargaon, Distt.- Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sadiya Noor D/o Noor Hasan R/o vill - Maubelt, P.s.- Bajitpur, Distt.-
Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nafisu Zzoha
For the Opposite Party/s : Mr.Umesh Lal Verma
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and the State.
2. The present application has been filed for
modification of the order dated 26-11-2025 passed in Cr. Misc.
No. 5103 of 2025 by which the petitioner was granted
anticipatory bail.
3. It is submitted on behalf of the petitioner that the
petitioner was directed to pay Rs. 7,000/- per month as interim
maintenance to the opposite party No. 2 but he could not be able
to arrange the money and that is why, he could not surrender
within the stipulated time. It is further prayed on behalf of the
counsel for the petitioner that further time may be extended so
Patna High Court CR. MISC. No.7295 of 2026(2) dt.06-02-2026
2/2
that the petitioner could surrender in the court below.
4. Considering the submissions made on behalf of the
learned counsel for the petitioner and the grounds mentioned in
the modification application, the order dated 26-11-2025 passed
in Cr. Misc. No. 5103 of 2025 is modified to the extent that the
period of surrender of the petitioner in the court below is
extended for a further period of four weeks from today subject
to condition that the petitioner shall pay the arrears of
interim maintenance, granted by this court by the order
dated 26-11-2025 passed in Cr. Misc. No. 5103 of 2025 from
the date of passing of order at the time of furnishing bail
bonds.
5. The rest of the conditions shall remain the same as
mentioned in the order dated 26-11-2025 passed in Cr. Misc.
No. 5103 of 2025.
6. Accordingly, this modification application stands
disposed of.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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