Patna High Court
MD. JAKIRUDDIN @ JAKIRUDDIN @ MD. JAKIRversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- AJIT KUMAR
Holding
The court exercised its discretion to extend the surrender period by four weeks in the interest of justice.
Summary
The petitioner, Md. Jakiruddin, filed an application seeking modification of an earlier order dated 26‑11‑2025 that set a surrender deadline in Complaint Case No.206 of 2020 before the Chief Judicial Magistrate, Madhepura. The application requested an extension of the surrender period. The court examined the grounds raised and, invoking the principle of justice, decided to extend the surrender period by four weeks from the date of the order. Consequently, the earlier order was modified to reflect the extended deadline. The modification application was thereafter disposed.
Issues considered
- What is the appropriate judicial discretion to extend a surrender period under the criminal procedure?
Subjects
- criminal procedure
- modification of order
- surrender deadline
- judicial discretion
- interest of justice
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12926 of 2026
In
CRIMINAL MISCELLANEOUS No.62683 of 2025
Arising Out of PS. Case No.-206 Year-2020 Thana- MADHEPURA COMPALINT CASE
District- Madhepura
======================================================
Md. Jakiruddin @ Jakiruddin @ Md. Jakir S/O Md. Vaseeruddin @ Md. Basir
Uddin R/O Vill - Narayanpatti, Murhao, Ward No. 5, P.S.- Madhepura, Distt.-
Madhepura
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rajesh Roushan S/o Bhupendra Pd. Singh Proprietor Mesaras Auto World
(Bajaj Tempo) Show Room Bypass Road, near Telephone Exchange,
Madhepura, P.s. and Distt.- Madhepura, O.Ps.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisuzzoha
For the Opposite Party/s : Mr. Narsingh Tanti
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 18-02-2026 Heard learned counsel for the parties.
2. The present application has been filed for
modification application of order dated 26.11.2025 passed in Cr.
Misc. No.62683 of 2025 to the extent of extending the period of
surrender.
3. On the grounds mentioned in the modification
application and in the interest of justice, the period to surrender
is extended by four weeks from today in connection with
Complaint Case No.206 of 2020, pending in the court of learned
Chief Judicial Magistrate, Madhepura.
Patna High Court CR. MISC. No.12926 of 2026(2) dt.18-02-2026
2/2
4. The order dated 26.11.2025 is modified to the
extent as indicated above.
5. Accordingly, this modification application stands
disposed of.
(Ajit Kumar, J)
shikha/-
U T
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