Abhishek Kumar @ Abhishek Yadav Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Abhishek Kumar @ Abhishek Yadav Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Modification Application allowed; four weeks' further time from the date of the order (03-04-2026) granted to the petitioner to surrender before the Court concerned, on the conditions stated in the order dated 11.10.2023; the order dated 11.10.2023 stands modified to that extent (the learned APP for the State had no objection to the extension).

Issue for consideration

Whether the time granted by order dated 11.10.2023 for the petitioner to surrender before the Court below should be extended on the ground that he could not surrender within the prescribed period owing to serious illness (08.11.2023 to 23.11.2023) and medical advice of complete bed rest.

Court's answer

The Modification Application is allowed; four weeks' further time from the date of the order is granted to the petitioner to surrender before the Court concerned, with the conditions stated in the order dated 11.10.2023.

Ratio / Principle

The order dated 11.10.2023 passed in Cr. Misc. No. 60519 of 2023 stands modified to the extent of the extended time granted for surrender.

Detailed headnote1 paragraphs

Patna High Court (Sunil Dutta Mishra, J., order dated 03-04-2026 in Cr. Misc. No. 15243 of 2026, arising in Cr. Misc. No. 60519 of 2023 out of PS Case No. 97 of 2023, Nadi P.S., Patna) allowed a modification application seeking extension of time to surrender. By order dated 11.10.2023 the petitioner, Abhishek Kumar @ Abhishek Yadav, had been directed to be released on bail in the event of his arrest or surrender before the Court below within six weeks, with conditions. Learned counsel submitted the petitioner could not surrender within the prescribed time as he was seriously ill from 08.11.2023 to 23.11.2023 and the doctor advised complete bed rest. The learned APP for the State had no objection to extension. The Court granted four weeks' further time from the date of the order to surrender before the Court concerned on the conditions in the earlier order, and modified the order dated 11.10.2023 to that extent.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15243 of 2026

In

CRIMINAL MISCELLANEOUS No.60519 of 2023

Arising Out of PS. Case No.-97 Year-2023 Thana- NADI P.S. District- Patna

======================================================

Abhishek Kumar @ Abhishek Yadav S/o Rameshwar Ray Resident Jethuli, P.S.- Nadi, Distt.- Patna

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pramod Kumar Singh For the Opposite Party/s : Mr.Jagdhar Prasad ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

3 03-04-2026

The present petition has been filed for modification of order dated 11.10.2023 passed in Cr. Misc. No. 60519 of 2023 by which petitioner was directed to be released on bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today (i.e. 11.10.2023) with the conditions as detailed in the aforesaid order.

Learned counsel for the petitioner submits that the petitioner could not surrender before the Court below within the prescribed time given by this Court due to the reason that he was seriously ill from 08.11.2023 to 23.11.2023 and Doctor had advised him to complete bed rest. Accordingly, petitioner has filed this application for modification of the order dated 11.10.2023 to the extent that he may be permitted to surrender

Patna High Court CR. MISC. No.15243 of 2026(3) dt.03-04-2026 2/2

before the Court concerned within six weeks from today.

Learned APP for the State has no objection for

extension of period for surrender before the Court concerned.

Having heard the learned counsel for the parties and considering the averments made in the application, the present Modification Application stands allowed.

Further four weeks time from today is granted to the petitioner to surrender before the Court concerned with the conditions as stated in the aforesaid order dated 11.10.2023.

Accordingly, the order dated 11.10.2023 passed in Cr. Misc. No. 60519 of 2023 stands modified to the above extent.

(Sunil Dutta Mishra, J)

rakhi/-

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