Patna High Court
Balram SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court may extend the surrender period, provided the petitioner complies with the condition of paying Rs. 500 to the Legal Services Committee.
Summary
Balram Singh, the petitioner, filed a modification petition seeking an extension of two weeks to surrender, after the original order dated 10-12-2025 in Cr. Misc. No. 63478 of 2025 required him to surrender within a stipulated period. The petition argued that he could not surrender earlier because he lacked the necessary funds, which have now been arranged. The High Court examined whether the surrender deadline could be altered under criminal procedure rules. The Court held that a modification was permissible, subject to the petitioner paying a nominal fee of Rs. 500 to the Legal Services Committee. Consequently, the surrender period was extended by four weeks from the date of the order.
Issues considered
- Whether the High Court can modify the surrender deadline granted in the earlier order under criminal procedure law
Subjects
- modification of order
- surrender extension
- criminal miscellaneous proceedings
- legal services fee
- procedural discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17927 of 2026
In
CRIMINAL MISCELLANEOUS No.63478 of 2025
Arising Out of PS. Case No.-152 Year-2024 Thana- KUSHESHWARASTHAN District-
Darbhanga
======================================================
Balram Singh S/o- Jagdev Singh Resident of Village-Nadiyami, ladiyami, P.S-
Cusheshwar Asthan Dist-Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 18-03-2026 Heard Mr. Amit Kumar Singh, learned counsel for the
petitioner and the State.
2. The present modification has been preferred for:
“for modification of the order dated
10.12.2025, passed in Cr. Misc. No. 63478 of 2025
(A.Β.) (Balram Singh versus The State of Bihar),
allowed on 10.12.2025, by Hon'ble Mr. Justice
Rajiv Roy. The said application arose out of
Kusheshwar Asthan P.S. Case No. 152 of 2024. The
Petitioner prays for modification for extension of
time, for a period of further two weeks, for his
surrender, before the Learned Court below.”
Patna High Court CR. MISC. No.17927 of 2026(2) dt.18-03-2026
2/2
3. In the present case, Cr. Misc. No. 63478 of 2025
was allowed on 10.12.2025. Thereafter, the present modification
petition has been filed seeking extension of the period for
surrender, as the petitioner could not surrender within the
stipulated time due to inability to arrange the required amount
which has now been arranged. It is, therefore, prayed that the
period for surrender be extended.
4. In that background, the present modification
petition stands allowed subject to payment of Rs. 500/- to the
Patna High Court Legal Services Committee.
5. The period of surrender is further extended by four
weeks from today.
(Rajiv Roy, J)
Adnan/-
U T
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