Patna High Court
Sunil Kumar @ Golu ChaudhariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SATYAVRAT VERMA
Holding
The court will not extend the surrender period if the petitioners have not surrendered within the stipulated time or have not applied before the deadline.
Summary
The petitioners Sunil Kumar, Manoj Kahar and Prakash Chaudhari were directed by the trial court to surrender within a specified period. They filed a modification application before the Patna High Court seeking an extension of the surrender deadline. The learned Single Judge considered whether the court could extend the surrender time when the petitioners had neither surrendered nor moved before the expiry of the original deadline. Relying on a consistent judicial view, the court held that it would not extend the surrender period in such circumstances. Consequently, the modification application was rejected. The order was pronounced on 16‑02‑2026.
Issues considered
- Whether the High Court can extend the time of surrender when the petitioners have not surrendered within the time stipulated in the impugned order or have not moved before the surrender deadline expires.
Subjects
- Criminal Procedure Code
- surrender
- modification application
- time extension
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11246 of 2026
In
CRIMINAL APPEAL (SJ) No.406 of 2025
Arising Out of PS. Case No.-422 Year-2023 Thana- KARAHGAR District- Rohtas
======================================================
1. Sunil Kumar @ Golu Chaudhari Son of Rajkumar Choudhari @ Raj Kumar
Chaudhari Resident of Village- Karagahar, Po- Karagahar, PS- Karagahar
District- Rohtas
2. Manoj Kahar @ Murali Kharwar @ Manoj Kumar Son of Bahadur Kahar
Resident of Village- Karagahar, Po- Karagahar, PS- Karagahar District-
Rohtas
3. Prakash Chaudhari Son of Balkeshwar Chaudhary Resident of Village-
Karagahar, Po- Karagahar, PS- Karagahar District- Rohtas
... ... Petitioner/s
Versus
1. The State of Bihar
2. Bans Narayan Ram Son of Bechu Ram Resident of Village- Karagahar, Po-
Karagahar, PS- Karagahar District- Rohtas
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Siddharth Harsh, Advocate
For the Opposite Party/s : Mr. Rajiv Nayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-02-2026 1. Heard learned counsel for the petitioners and the
learned APP for the State.
2. The Court is taking a consistent view of not
extending the time of surrender if the petitioners have not
surrendered within the time stipulated in the order impugned or
have not moved before this court prior to the time of surrender
expiring.
Patna High Court CR. MISC. No.11246 of 2026(2) dt.16-02-2026
2/2
3. The modification application is rejected.
(Satyavrat Verma, J)
Rishabh/-
U T
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