Patna High Court
Akash Mahto @ BaulaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- R P MISHRA
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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