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Patna High Court

Akash Mahto @ BaulaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court rejected the petitioner's application for modification of the surrender deadline.

Summary

The petitioner, Akash Mahto, had been granted anticipatory bail by the Patna High Court in a criminal appeal and was ordered to surrender to the lower court within six weeks. He failed to do so because he was working in a remote area of Haryana and could not communicate effectively. He filed an application seeking modification of the surrender deadline. The court examined the grounds for extension and the counsel's submissions. Finding no sufficient reason to alter the original order, the court declined to extend the surrender period. Consequently, the application for modification was rejected.

Issues considered

  • Whether the anticipatory bail order requiring surrender within six weeks should be modified due to the petitioner's inability to surrender because of being in a remote area outside the state.

Subjects

  • anticipatory bail
  • modification of order
  • surrender deadline
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90805 of 2025
                                               In
                                 CRIMINAL APPEAL (SJ) No.1585 of 2025
                   Arising Out of PS. Case No.-570 Year-2024 Thana- GAUTAMBUDHNAGAR District-
                                                          Siwan
                 ======================================================
                 Akash Mahto @ Baula S/o- Upendra Mahto Resident of Village - Gaur Rauja,
                 P.S. - G.B. Nagar, District - Siwan

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Dushnath Ram S/o- Late Suhawan Ram R/v- Gaur Rauja Ps- G.B Nagar
                 Dist- Siwan

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Bijay Prakash Singh, Advocate
                 For the Opposite Party/s :    Mr.Sadanand Paswan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   16-01-2026                     Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                2. The present application has been filed for

                   modification of the order dated 17.09.2025 passed in Cr. Appeal

                   (S.J.) No. 1585 of 2025 by which the appellant-petitioner was

                   granted anticipatory bail in connection with G.B. Nagar P.S.

                   case No. 570 of 2024 to the satisfaction of the Court below and

                   the appellant-petitioner was directed to surrender in the Court

                   below within a period of six weeks.

                                3. Learned counsel for the petitioner submits that at

                   that time, the petitioner was outside of State in remote area in
           Patna High Court CR. MISC. No.90805 of 2025(2) dt.16-01-2026
                                                       2/2




                     Haryana State for earning livelihood and due to communication

                     gap, the petitioner failed to surrender in the Court below in time.

                           4. Considering the grounds mentioned in the modification

                     application and the submissions made in support thereof by

                     learned counsel for the petitioner, this Court does not find a fit

                     ground to extend the period of surrender of the petitioner in the

                     court below by modifying the order dated 17.09.2025 passed in

                     Cr. Appeal (S.J.) No. 1585 of 2025 .

                           5. The modification application is, accordingly, rejected.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T


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