Patna High Court
Ajay YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
Holding
The court modified the anticipatory bail order, granting the petitioner an additional four weeks to surrender.
Summary
Ajay Yadav was granted anticipatory bail on 07.08.2024 in connection with Raxaul PS Case No.424 of 2020, with a condition to surrender within six weeks. He could not surrender because he had to travel to Punjab for livelihood. He filed an application seeking additional time to surrender before the lower court. The Patna High Court, after considering the circumstances, granted a further four‑week extension for surrender and modified the earlier anticipatory bail order accordingly. The application was allowed.
Issues considered
- Whether an anticipatory bail order under the Criminal Procedure Code can be modified to extend the time for surrender before the lower court
Subjects
- anticipatory bail
- modification of order
- surrender deadline
- Criminal Procedure Code
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9080 of 2026
In
CRIMINAL MISCELLANEOUS No.45511 of 2024
Arising Out of PS. Case No.-424 Year-2020 Thana- RAXAUL District- East Champaran
======================================================
Ajay Yadav, Male, aged about 30 years, S/O Bhikhar Yadav, R/O Village-
Siswa, P.S- Raxaul, Distt.- East Champaran, Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This application has been filed for modification of
the order dated 07.08.2024 passed in Cr. Misc. No.45511 of
2024 by which the petitioner was granted anticipatory bail by
this Court in connection with Raxaul PS Case No.424 of 2020.
3. Learned counsel for the petitioner submits that by
order dated 07.08.2024 passed in Cr. Misc. No.45511 of 2024
the petitioner was granted anticipatory bail in connection with
Raxaul PS Case No.424 of 2020, in the event of his
arrest/surrender within a period of six weeks from the date of
the order. Further submission is that the petitioner is a poor man
and to earn his livelihood, he had gone to Punjab and, so, he
Patna High Court CR. MISC. No.9080 of 2026(2) dt.06-02-2026
2/2
could not surrender before the Court below in time. Learned
counsel prays that some time may be granted to the petitioner to
surrender before the Court below in compliance of order dated
07.08.2024 passed in Cr. Misc. No.45511 of 2024.
4. Having regard to the facts and circumstances of the
case, four weeks’ further time with effect from today is granted
to the petitioner to surrender before the Court concerned in
compliance of order dated 07.08.2024 passed in Cr. Misc.
No.45511 of 2024.
5. The order dated 07.08.2024 passed in Cr. Misc.
No.45511 of 2024 stands modified to the aforesaid extent.
6. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
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