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Patna High Court

Md. shahid AbbasversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court allowed the modification of the bail condition and extended the surrender period by four weeks.

Summary

The petitioner, Md. Shahid Abbas, was granted anticipatory bail in Cr. Misc. No.39006 of 2025 with a condition to surrender and furnish a bail bond within four weeks. He was unable to comply because he was suffering from typhoid fever and was hospitalized, for which he submitted a medical certificate. The petitioner filed an application seeking modification of the surrender condition on the ground of his serious illness. The court examined the medical evidence and the circumstances of the case. It allowed the modification, extending the period for surrender and furnishing the bail bond by an additional four weeks. The order reflects the court's discretion to relax bail conditions when justified by health reasons.

Issues considered

  • Whether the condition of surrender and furnishing a bail bond can be modified on account of the petitioner's serious illness

Subjects

  • anticipatory bail
  • modification of bail
  • medical illness
  • surrender condition
  • bail bond
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89501 of 2025
                                              In
                              CRIMINAL MISCELLANEOUS No.39006 of 2025
                  Arising Out of PS. Case No.-1816 Year-2022 Thana- BHAGALPUR COMPLAINT CASE
                                                    District- Bhagalpur
                 ======================================================
                 Md. Shahid Abbas, Son of Late Abbas Uddin Ansari, Resident of Mohalla
                 -Bhikanpur, Gumti No 3, Islam Nagar, PS- Ishakchak District- Bhagalpur.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar
           2.    Subodh Singh @ Pappu Ram son of Late Nathan Ram Resident Of Mohalla
                 -Ramsar urdu Bazar Road Gokul Gali, PS- Kotwali (Tatarpur), Dist-
                 Bhagalpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Md. Najmul Hodda, Adv.
                 For the Opposite Party/s :    Md. Ataur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   09-01-2026                  Learned Advocate for the respective parties are

                   present.

                                2. The present application has been filed seeking

                   modification of the order dated 15.10.2025 passed in Cr. Misc.

                   No.39006 of 2025, whereby while extending the privilege of

                   anticipatory bail to the petitioner, he was directed to surrender

                   and furnish bail bond within a period of four weeks.

                                3. Learned Advocate for the petitioner submitted that

                   on account of serious illness due to typhoid fever, the petitioner

                   was under treatment in Surya Health Care, Mundichak,

                   Bhagalpur. Thus, he could not surrender before the court below
              Patna High Court CR. MISC. No.89501 of 2025(2) dt.09-01-2026
                                                          2/2




                        within the stipulated period. To support the aforesaid contention,

                        a certificate duly issued by the concerned treating doctor has

                        been placed on record as Annexure-P/2 to the modification

                        application.

                                     4. In view of the submissions advanced and the

                        averments made in the modification application, the same stands

                        allowed.

                                     5. The period of surrender to the petitioner and

                        furnishing his bail bond is further extended for four weeks’ from

                        today.



                                                    (Harish Kumar, J)
rohit/-

U         T


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