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Patna High Court

Manoj Kumar SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that, in the interest of justice, the surrender period may be extended by four weeks.

Summary

Manoj Kumar Sah filed a petition in the Patna High Court seeking modification of an earlier order dated 16‑10‑2025 that prescribed a surrender period in a criminal miscellaneous case (No. 45505 of 2025). The petition argued that the existing surrender timeline was insufficient and requested an extension. The court, after hearing counsel, considered the request in the interest of justice and the circumstances of the pending complaint case No. 919 of 2024 before the Judicial Magistrate, Katihar. It ordered that the surrender period be extended by four weeks from the date of the hearing, 30‑01‑2026. The modification order was thereby issued, and the application was marked as disposed. The decision reflects the court’s discretion to alter procedural timelines to ensure fairness and effective administration of justice.

Issues considered

  • Whether the surrender period prescribed in the earlier order can be extended under the circumstances of the case?

Subjects

  • criminal procedure
  • modification of order
  • surrender period
  • high court discretion
  • justice

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3161 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.45505 of 2025
                     Arising Out of PS. Case No.-919 Year-2024 Thana- KATIHAR COMPLAINT CASE
                                                      District- Katihar
                 ======================================================
                 Manoj Kumar Sah S/o Fulo Sah Resident of Village- Basaha, P.S.- K. Nagar,
                 District -Purnea

                                                                              ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar Bihar
           2.    Anita Devi W/o Manoj Kumar Sah, D/o Ram Bilash Sah R/o vill - Kumhra,
                 P.S.- Routara, Distt.- Katihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Bimal Kumar
                 For the Opposite Party/s :     Mr.Akbar Ali
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   30-01-2026                          Heard learned counsel for the parties.

                                   2. The present application has been filed for

                   modification of order dated 16.10.2025 passed in Cr. Misc.

                   No.45505 of 2025 to the extent of extending the period of

                   surrender.

                                   3. On the grounds mentioned in the modification

                   application and in the interest of justice, the period for surrender

                   is extended by four weeks from today in connection with

                   Complaint Case No.919 of 2024, pending in the court of learned

                   Judicial Magistrate, 1st Class, Katihar.

                                   4. The order dated 16.10.2025 is modified to the
               Patna High Court CR. MISC. No.3161 of 2026(2) dt.30-01-2026
                                                           2/2




                         extent as indicated above.

                                         5. Accordingly, this modification application stands

                         disposed of.


                                                                 (Ajit Kumar, J)

shikha/-

U          T


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