Created by Fuzzy Cloud

Patna High Court

Sailesh Yadav @ Sailesh Kumar @ Shailash KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the modification of the bail order, correcting the address to Nawada, extending the surrender period by four weeks, and conditioning it on payment of Rs.1,000 to the Bihar State Legal Services Authority.

Summary

Petitioners Sailesh Yadav and Buddhu Yadav, accused under multiple sections of the Bhartiya Nyaya Sanhita, had been granted bail on 23 July 2025. They filed a modification petition seeking an extension of time to furnish the bail bond and correction of their address from Nalanda to Nawada. The State opposed, arguing the original order was already six months old. The petitioner argued the delay was bona‑fide as they were working outside the district. The court allowed the modification, directing payment of Rs.1,000 to the Bihar State Legal Services Authority, correcting the address to Nawada, and extending the surrender period by four weeks.

Issues considered

  • Whether the bail order can be modified to correct the petitioners' address
  • Whether the time to furnish the bail bond can be extended
  • Whether imposing a payment condition to the State Legal Services Authority is permissible

Legislation cited

Subjects

  • bail
  • modification of order
  • address correction
  • Bhartiya Nyaya Sanhita
  • State Legal Services Authority
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.833 of 2026
                                               In
                              CRIMINAL MISCELLANEOUS No.23717 of 2025
                       Arising Out of PS. Case No.-4 Year-2025 Thana- MESKAUR District- Nawada
                 ======================================================
           1.     Sailesh Yadav @ Sailesh Kumar @ Shailash Kumar S/O Buddhu Yadav R/O
                  Village- Mirzapur, P.S- Meskaur, District- Nawada, Bihar
           2.    Buddhu Yadav @ Budhu Yadav S/O Late Jagan Yadav R/O Village-
                 Mirzapur, P.S- Meskaur, District- Nawada, Bihar

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjay Kumar Sinha, Adv.
                 For the Opposite Party/s :        Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   09-01-2026                    Heard the parties.

                                2. The present application has been preferred:

                                                          for grant of bail to the petitioners
                                              who had been made accused in Meshkaur
                                              P.S. Case No. 04/2025 dated 12.01.2025 u/s
                                              191(2), 190, 115(2), 127(2), 118(1), 76,
                                              303(2), 329(3), 352, 351(2) of Bhartiya
                                              Nyaya Sanhita. That the petitioner seeks
                                              modification of the order dated 23.07.2025
                                              to kindly extend the time to furnish bail bond
                                              and to kindly modify the address of the
                                              Petitioners    from    district      'Nalanda'       to
                                              'Nawada'.
                                3. An order was passed on 23.07.2025 granting relief
           Patna High Court CR. MISC. No.833 of 2026(2) dt.09-01-2026
                                                       2/2




                     to the petitioner. Now, the modification petition has been filed

                     with the prayer that in the plaint, the district of the petitioners

                     have been recorded as Nalanda which is actually Nawada.

                                  4. Learned APP, Mr. Jitendra Kumar Singh opposes

                     the prayer submitting that an order was passed in the month of

                     July 2025, six months later, the present petition.

                                  5. Learned counsel for the petitioner submits that

                     bonafide delay has occurred as they work outside.

                                  6. In that background, Cr. Misc. No. 833 of 2026 is

                     allowed subject to payment of Rs. 1,000/- to Bihar State Legal

                     Services Authority.

                                  7. In the plaint, the address of the petitioners may be

                     modified to Nawada instead of Nalanda.

                                  8. The period of surrender is further extended by four

                     weeks.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U      T


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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