Created by Fuzzy Cloud

Patna High Court

Shashi KantversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

The petitioner, Shashi Kant, filed an application seeking modification of the order dated 03.12.2025 which prescribed a surrender period in a criminal miscellaneous case. The petitioner requested an extension of the surrender period, citing grounds and the interest of justice. The court examined the application and, considering the stated grounds, decided to extend the surrender period by four weeks from the date of the order. The modification was ordered to apply to the pending case before the Exclusive Special Judge, Excise-I, Patna. Consequently, the order dated 03.12.2025 was modified as directed and the application was disposed.

Issues considered

  • Whether the order dated 03.12.2025 prescribing a surrender period can be modified to extend the surrender period?

Subjects

  • modification of order
  • surrender period
  • criminal miscellaneous
  • interest of justice

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5741 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.79959 of 2025
                  Arising Out of PS. Case No.-171 Year-2025 Thana- SHRIKRISHNAPURI District- Patna
                 ======================================================
                 Shashi Kant S/O Mithilesh Ojha R/O Vill.- Parwatiya Tola, Ward No. 02, P.S.-
                 Bettiah Muffasil, District- West Champaran

                                                                                 ... ... Petitioner/s

                                                       Versus

                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Umesh Kumar Gupta
                 For the Opposite Party/s :        Mrs. Meena Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

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

                   learned APP for the State.

                                   2. The present application has been filed for

                   modification of the order dated 03.12.2025 passed in Cr. Misc.

                   No.79959 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 Shri

                   Krishnapur P.S. Case No.171 of 2025, pending in the court of

                   learned Exclusive Special Judge, Excise-I, Patna.

                                   4. The order dated 03.12.2025 is modified to the
               Patna High Court CR. MISC. No.5741 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


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.