Patna High Court
Sidul Haque @ Saidul HaqueversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court held that it may extend the surrender period by four weeks while leaving the other bail conditions unchanged.
Summary
Sidul Haque was granted bail on 20-11-2025 with a condition to pay Rs.2,50,000 to the complainant Rozina Khatoon, of which Rs.50,000 was paid and the balance to be paid in four installments. He was required to surrender before the lower court within a stipulated time, which he could not meet due to lack of funds. He filed a modification application stating that he has now arranged the money and seeks an extension of the surrender period. The High Court extended the surrender period by four weeks from the date of the order, while keeping all other bail conditions unchanged, including the requirement to pay the remaining amount at the time of furnishing the bail bond. The modification application was disposed of, effectively granting the requested extension.
Issues considered
- Whether the High Court can modify the bail order to extend the surrender period for the petitioner
- Whether the original payment condition remains enforceable despite the modification
Subjects
- bail
- modification of bail order
- surrender period
- payment condition
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7298 of 2026
In
CRIMINAL MISCELLANEOUS No.32604 of 2025
Arising Out of PS. Case No.-2086 Year-2023 Thana- KATIHAR COMPLAINT CASE
District- Katihar
======================================================
Sidul Haque @ Saidul Haque S/o Mazir Husain R/o vill - Kuchi Dangi, P.S.-
Barsoi, Distt.- Katihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rozina Khatoon W/o Sidul Haque @ Saidul Haque, D/o Riyajuddin R/o vill
- Lalpur, P.S.- Balrampur, Distt.- Katihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhola Prasad
For the Opposite Party/s : Mr.Nand Kumar
======================================================
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 modification application has been filed
with a prayer to modify the order dated 12-11-2025 passed in
Cr. Misc. No. 32604 of 2025.
3. The matter was resolved and the petitioner’s prayer
for bail was allowed by order dated 20-11-2025. According to
terms and conditions, the petitioner was to pay Rs. 2,50,000/- to
the opposite party No. 2 as one time settlement. It has further
been submitted that Rs. 50,000/- has already been paid and rest
Rs. 2,00,000/- was to be paid in four equal installments. The
learned court was directed to accept the bail bond provisionally
which was to be confirmed only after payment of the entire
amount within the stipulated period.
Patna High Court CR. MISC. No.7298 of 2026(2) dt.06-02-2026
2/2
4. It has been submitted on behalf of the petitioner
that the petitioner could not arrange the money and that is why,
he could not surrender before the court below within the
stipulated time. His further submission is that presently the
petitioner has arranged the money and he shall pay at the time of
furnishing of the bail bonds in terms of the earlier order.
5. Considering the submissions made on behalf of the
learned counsel for the petitioner and the grounds mentioned in
the modification application, the order dated 12-11-2025 passed
in Cr. Misc. No. 32604 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.
6. The rest of the conditions shall remain the same as
mentioned in the order dated 12-11-2025 passed in Cr. Misc.
No. 32604 of 2025. The petitioner shall pay the remaining
amount to the opposite party No. 2, at the time of furnishing
of his bail bond.
7. Accordingly, this modification application stands
disposed of.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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