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Patna High Court

Md. Masibul @ MasibulversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that, on the basis of the petitioner's reasons and affidavit, the time to surrender may be further extended.

Summary

The petitioner, Md. Masibul, filed an application seeking modification of an earlier order dated 24‑12‑2025 that had extended his time to surrender before the District Court. He submitted reasons and an affidavit supporting a further extension. The learned High Court, after hearing counsel for both parties, considered the reasons and affidavit and decided to extend the surrender deadline to 23‑03‑2026. The court modified the earlier order to the extent of the new deadline while leaving the remaining provisions unchanged. Consequently, the modification application was disposed of.

Issues considered

  • Whether the High Court can further extend the time granted to the petitioner for surrender before the District Court based on the petitioner's reasons and affidavit?

Subjects

  • Criminal Procedure Code
  • surrender
  • modification of order
  • time extension
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15231 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.38241 of 2025
                    Arising Out of PS. Case No.-225 Year-2023 Thana- AAJAM NAGAR District- Katihar
                 ======================================================
                 Md. Masibul @ Masibul, aged about 33 years, Gender-Male, S/O Yusuf @
                 Md. Yusuf, resident of Jarhanda Nimaul, P.S.- Azamnagar, District- Katihar.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Rojee Khatoon W/O Md. Masibul @ Masibul, D/O Md. Badsah R/O
                 Panighatta, P.S.- Azamnagar, Dist.- Katihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhola Prasad, Advocate
                 For the Opposite Party/s :       Mr. Nand Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   13-03-2026                       Heard Mr. Bhola Prasad, learned counsel appearing

                   on behalf of the petitioner and Mr. Nand Kumar, learned APP

                   for the State.

                                     2. The petitioner seeks modification of the order

                   dated 24.12.2025 passed in Cr. Misc. No. 38241 of 2025 for

                   further extension of time to surrender before the learned District

                   Court.

                                3.     Considering      the     reasons     assigned      in     the

                   modification application and the affidavit, further period to

                   surrender before the learned District Court is extended till

                   23.03.2026.

                                4. The order dated 24.12.2025 passed in Cr. Misc. No.
              Patna High Court CR. MISC. No.15231 of 2026(2) dt.13-03-2026
                                                          2/2




                        38241 of 2025 is modified to the extent as indicated above. The

                        other parts of the order shall remain intact.

                                     5. Accordingly, the modification application stands

                        disposed of.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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