Patna High Court
Sailesh Yadav @ Sailesh Kumar @ Shailash KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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
- Bhartiya Nyaya Sanhita — s. 115(2), 118(1), 127(2), 190, 191(2), 303(2), 329(3), 351(2), 352, 76
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
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