Patna High Court

Nitin KumarversusThe State of Bihar

Decided: 16 February 2026
Disposal: DISMISSED
Bench: SATYAVRAT VERMA

Holding

The modification application for extending the surrender deadline was rejected.

Summary

The petitioner, Nitin Kumar, filed a modification application seeking an extension of the time allotted for his surrender as ordered by the trial court. The State opposed the application. The High Court examined whether the time for surrender could be extended when the petitioner had neither surrendered within the stipulated period nor moved the court before the deadline expired. The Court reiterated its consistent stance of not granting extensions in such circumstances. Consequently, the Court rejected the modification application, denying any extension of the surrender deadline.

Issues considered

Whether the time for surrender can be extended when the petitioner has not surrendered within the period stipulated in the impugned order and has not approached the court before the expiry of that period

Subjects

surrender
criminal procedure
modification of order
time extension
court discretion

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.11095 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.47621 of 2025
                   Arising Out of PS. Case No.-101 Year-2022 Thana- MADHEPURA COMPALINT CASE
                                                    District- Madhepura
                  ======================================================
                  Nitin Kumar S/O Narendra Narayan Sinha R/O Azad Nagar Tola, Ward No.
                  12, P.s.- Madhepura, District- Madhepura, Bihar-852113
                                                                         ... ... Petitioner/s
                                                     Versus
            1.     The State of Bihar
            2.     Neva Kumari W/O Amar Kumar R/O Vill.- Sahugarh, Ward No. 09, P.s.-
                   Madhepura, District- Madhepura, Bihar
                                                                ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :   Mr. Sharda Raje Singh
                  For the Opposite Party/s :   Mr. Umesh Lal Verma
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

2    16-02-2026                  1. Heard learned counsel for the petitioner and the

                    learned APP for the State.

                                 2. The Court is taking a consistent view of not

                    extending the time of surrender if the petitioner has not

                    surrendered within the time stipulated in the order impugned or

                    has not moved before this court prior to the time of surrender

                    expiring.

                                 3. The modification application is rejected.



                                                  (Satyavrat Verma, J)
Rishabh/-

U      T

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