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Patna High Court

Sidul Haque @ Saidul HaqueversusThe State of Bihar

Decided
Disposal
ALLOWED

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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