Patna High Court
Nand Kishore ChoudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The High Court may further modify the earlier order and extended the surrender deadline to 25‑04‑2026.
Summary
The petitioners, a group of ten individuals from Madipur village, were charged in a criminal case (PS Case No.255 Year‑2022) and were required to surrender before the District Court. They filed a petition (Cr. Misc. No.17884 of 2026) seeking modification of an earlier order dated 01‑08‑2025 that had already extended the time allowed for surrender. The petition argued that further extension was necessary due to reasons set out in the application. The High Court examined the reasons and considered its inherent power to modify procedural orders in criminal matters. The Court held that it could further extend the surrender deadline and ordered the surrender date to be extended to 25‑04‑2026. The earlier order was accordingly modified, with all other terms remaining unchanged, and the application was disposed.
Issues considered
- Whether the High Court may further modify the earlier order extending time for surrender in a criminal case
Subjects
- extension of time
- surrender
- criminal procedure
- modification of order
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17884 of 2026
In
CRIMINAL MISCELLANEOUS No.39127 of 2023
Arising Out of PS. Case No.-255 Year-2022 Thana- PHULWARIYA District- Gopalganj
======================================================
1. Nand Kishore Choudhary Son of Late Bindyachal Choudhary Resident of
Village- Madipur PS- Phulwariya District -Gopalganj
2. Blindra Singh @ Balindra Singh Son of jagarnath Singh Resident of Village-
Madipur PS- Phulwariya District -Gopalganj
3. Vijay Kumar Singh @ Vijay Kumar Rai Son of Rameshwar Rai Resident of
Village- Madipur PS- Phulwariya District -Gopalganj
4. Harikesh Singh Son of Late Rajdeo Singh Resident of Village- Madipur PS-
Phulwariya District -Gopalganj
5. Rinki Devi Wife of Dilip Singh Resident of Village- Madipur PS-
Phulwariya District -Gopalganj
6. Mithila Tiwari son of Late Parshuram Tiwari Resident of Village- Madipur
PS- Phulwariya District -Gopalganj
7. Rajan Choudhur Son of Late Yamuna Choudhur Resident of Village-
Madipur PS- Phulwariya District -Gopalganj
8. Abhinaw Kumar Singh Son of Jagarnath Singh Resident of Village- Madipur
PS- Phulwariya District -Gopalganj
9. Ram Milan Tiwari @ Rammilan Tiwari Son of Late Parshuram Tiwari
Resident of Village- Madipur PS- Phulwariya District -Gopalganj
10. Santosh Kumar son of Kamla Prasad yadav Resident of Village- PS-
Phulwariya District -Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar, Advocate
For the Opposite Party/s : Mr.Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 17-04-2026 Heard learned counsel appearing on behalf of the
petitioners and the learned APP for the State.
2. The petitioners seek modification of the order
Patna High Court CR. MISC. No.17884 of 2026(2) dt.17-04-2026
2/2
dated 01.08.2025 passed in Cr. Misc. No. 39127/2023 for
further extension of time to surrender before the learned District
Court.
3. Considering the reasons assigned in the
modification application, further period to surrender before the
learned District Court is extended till 25.04.2026.
4. The order dated 01.08.2025 passed in Cr. Misc.
No. 39127/2023 is modified to the extent as indicated above.
The other parts of the order shall remain intact.
5. Accordingly, the present application stands
disposed of.
(Purnendu Singh, J)
Ashishsingh/-
U
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