Created by Fuzzy Cloud

Patna High Court

Sanjeev Kumar @ Sanjeev Kumar Singh @ Sanjay SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court extended the surrender period by three weeks subject to a deposit of Rs.4,000.

Summary

The petitioner, Sanjeev Kumar, filed an application seeking modification of an earlier order that set a deadline for his surrender in a criminal miscellaneous case. He claimed that a communication gap prevented him from surrendering within the prescribed time. The court considered the petitioner's explanation and, recognizing the need for fairness, extended the surrender period by three weeks from the date the order is produced. The extension was conditioned upon the petitioner depositing Rs.4,000 with the District Legal Services Authority. The court modified the earlier order accordingly and disposed of the modification application.

Issues considered

  • Whether the surrender period granted to the petitioner can be extended on account of a communication gap

Subjects

  • criminal procedure
  • surrender
  • modification of order
  • communication gap
  • legal services authority

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3129 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.55507 of 2023
                     Arising Out of PS. Case No.-1509 Year-2021 Thana- VAISALI COMPLAINT CASE
                                                     District- Vaishali
                 ======================================================
                 Sanjeev Kumar @ Sanjeev Kumar Singh @ Sanjay Singh S/o- Late
                 Tapeshwar Singh R/v- Dhandhua Dih Ps- Jandaha Dist- Vaishali
                                                                         ... ... Petitioner/s
                                                Versus
           1.     The State of Bihar
           2.     Smt. Jubli Singh D/o- Nitesh Kumar Singh R/v- Vishnupur Ps- Mahnar Dist-
                  Vaishali
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Hemant Ray
                 For the Opposite Party/s :     Mr.Ramesh Chandra
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   30-01-2026                 Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The present application has been field for

                   modification of order dated 30.06.2025 passed in Cr. Misc. No.

                   55507 of 2023 to the extent of extending the period of surrender.

                               3. Learned counsel for the petitioner submits that the

                   petitioner could not surrender within time on account of some

                   communication gap.

                               4. On the grounds mentioned in para-3 of the

                   modification application, the period of surrender is extended by

                   three weeks from the date of receipt/production of a copy of this

                   order in connection with Complaint Case No.1509 of 2021,
             Patna High Court CR. MISC. No.3129 of 2026(2) dt.30-01-2026
                                                         2/2




                       subject to deposit of sum of Rs.4,000/- (Rupees Four Thousand)

                       in the account of concerned District Legal Services Authority.

                                  5. The order dated 30.06.2025 is modified to the extent

                       as indicated above.

                                  6. Accordingly, this modification application stands

                       disposed of.



                                                 (Soni Shrivastava, J)
devendra/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.