Patna High Court
Md. shahid AbbasversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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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