Patna High Court
Ramesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RAJIV ROY
Holding
The petition for modification of the surrender period is rejected as the petitioner does not have the authority to choose the surrender timeline.
Summary
Ramesh Kumar filed a petition seeking to modify an earlier order that allowed him six weeks to surrender to the court, requesting an extension to eight weeks. The earlier order dated 17.02.2026 had granted him liberty to surrender within six weeks. The State, represented by the Assistant Public Prosecutor, argued that the petitioner could not unilaterally decide the surrender timeline. The Court examined whether the petitioner had the right to extend the surrender period and held that such discretion does not lie with the petitioner. Consequently, the Court rejected the modification petition, leaving the original six‑week surrender period intact and stating that the petitioner may either surrender before the court or remain at liberty.
Issues considered
- Whether a petitioner can unilaterally extend the time granted for surrender to the court.
Subjects
- criminal procedure
- surrender
- modification of order
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24962 of 2026
In
CRIMINAL MISCELLANEOUS No.7075 of 2026
Arising Out of PS. Case No.-958 Year-2016 Thana- BIHTA District- Patna
======================================================
Ramesh Kumar S/o- Mishri Rai @ Mishri Yadav Resident of Chhitni Navdiha
PS- Naubatpur, Dist- Patna, A/P- Jai Maa Vandeva Decoration Shop Ps- Bihta
Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoranjan Kumar, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 10-04-2026 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
“for modifying the order dated
17.02.2026 passed in Cr. Misc. No. 7075 of 2026 to
the extent that the time of surrender may be
extended to eight weeks.”
3. The Cr. Misc. No. 7075 of 2026 was rejected on
17.02.2026 with liberty to surrender in six weeks.
4. Now, the modification petition has been filed.
5. Learned APP, Mr. Jitendra Kumar Singh submits
that it is not for the petitioner to choose when he wants to
Patna High Court CR. MISC. No.24962 of 2026(2) dt.10-04-2026
2/2
surrender.
6. Accepting the submission of the learned APP, Cr.
Misc. No. 24962 of 2026 stands rejected.
7. The petitioner is free to either roam around or
surrender before the concerned Court.
(Rajiv Roy, J)
Adnan/-
U T
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