Created by Fuzzy Cloud

Patna High Court

NIYAZ AHMADversusThe State of Bihar

Decided
Disposal
ALLOWED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.