Patna High Court

Abhimanyu KumarversusThe State of Bihar

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

Holding

The High Court rejected the petitioner's request and refused to extend the surrender deadline.

Summary

The petitioner, Abhimanyu Kumar, was ordered by the trial court to surrender within a specified period. He filed a modification application before the Patna High Court seeking an extension of the surrender deadline. The State opposed the application, arguing that the deadline had already expired. Justice Satyavrat Verma observed that the court consistently refuses to extend surrender time when the petitioner has neither surrendered nor moved before the expiry. Consequently, the court rejected the modification application. The order underscores the principle that procedural deadlines must be strictly adhered to unless a pre‑expiry application is made.

Issues considered

Whether the High Court can extend the time for surrender after the deadline has expired without a pre‑expiry application.

Subjects

surrender
time extension
modification application
criminal procedure
high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.11569 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.12555 of 2024
                      Arising Out of PS. Case No.-215 Year-2021 Thana- LAUKAHA District- Madhubani
                  ======================================================
                  Abhimanyu Kumar S/O Jibachh Yadav R/O Village- Milan Belha, P.S-
                  Laukaha, (Lalmaniya O.P.), District- Madhubani.

                                                                                   ... ... Petitioner/s
                                                        Versus
                  The State of Bihar

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Jitendra Kumar Giri, Advocate
                  For the Opposite Party/s :       Mr. Abhay Kumar, APP
                  ======================================================
                  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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