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Patna High Court

Tuntun Kumar @ Tuntun YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The surrender period is extended by two weeks subject to a deposit of Rs 2,000, modifying the earlier order.

Summary

The petitioner, Tuntun Kumar, filed an application seeking modification of an earlier order dated 21‑01‑2026 which prescribed a surrender period in connection with PS‑Case No. 362 of 2023. The petitioner argued that a communication gap between his counsel and him warranted an extension of the surrender deadline. The Court, after hearing counsel for both sides, noted the communication lapse and agreed to extend the surrender period by two weeks from the date the order is received or produced. The extension was conditioned upon the petitioner depositing Rs 2,000 in the account of the District Legal Services Authority. Consequently, the Court modified the earlier order accordingly and disposed of the modification application.

Issues considered

  • Whether the surrender period prescribed in the earlier order should be extended due to alleged communication gap between counsel and petitioner?

Subjects

  • Criminal Procedure Code
  • surrender order
  • modification of order
  • communication gap
  • legal services authority

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21739 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.57864 of 2025
                   Arising Out of PS. Case No.-362 Year-2023 Thana- MURLIGANJ District- Madhepura
                 ======================================================
                 Tuntun Kumar @ Tuntun Yadav S/O Jagdish Yadav Resident of Village -
                 Tamout Parsa, P.S- Murliganj, Dist- Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rupesh Kumar, Advocate
                 For the Opposite Party/s :      Mr. Mohammed Arif, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   03-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The present application has been filed for

                   modification of order dated 21.01.2026 passed in Cr. Misc No.

                   57864 of 2025 to the extent of extending the period of surrender.

                                3. For the reason of communication gap between the

                   counsel and the petitioner, the period of surrender is extended

                   by two weeks from the date of receipt/production of a copy of

                   this order in connection with Murliganj P.S. Case No. 362 of

                   2023, subject to deposit of sum of Rs.2000/- (Rupees Two

                   Thousand) in the account of the District Legal Services

                   Authority of the concerned District.

                                4. The order dated 21.01.2026 is modified to the
              Patna High Court CR. MISC. No.21739 of 2026(2) dt.03-04-2026
                                                          2/2




                        extent as indicated above.

                                     5. Accordingly, this modification application stands

                        disposed of.



                                                  (Soni Shrivastava, J)
anand/-

U         T


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