Patna High Court

UDIT KHARWAR @ UDIT KUMAR KHARWARversusTHE STATE OF BIHAR

Decided: 6 February 2026
Disposal: DISPOSED
Bench: SONI SHRIVASTAVA

Holding

The Court modified the earlier order to extend the surrender period by two weeks.

Summary

Petitioner Udit Kharwar filed a modification application seeking an extension of the surrender period granted in the order dated 21-07-2025 in Criminal Miscellaneous No.76061 of 2024. The application relied on grounds set out in paragraph 4, requesting an additional two weeks from the date of receipt of the order. The Court examined the merits of the request and, finding no legal impediment, agreed to extend the surrender period by the stipulated two weeks. Consequently, the earlier order was modified accordingly. The application was thereafter disposed.

Issues considered

Whether the Court may extend the period of surrender granted in a prior order upon a modification application

Subjects

modification of order
surrender period
criminal miscellaneous procedure
court discretion

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6871 of 2026
                                               In
                               CRIMINAL MISCELLANEOUS No.76061 of 2024
                   Arising Out of PS. Case No.-915 Year-2023 Thana- BHABHU(KAIMUR) COMPLAIN C
                                                 District- Kaimur (Bhabua)
                  ======================================================
                  UDIT KHARWAR @ UDIT KUMAR KHARWAR S/O RAMASHANKAR
                  KHARWAR R/o vill - Gehuwa, P.S- Chand, Distt. - Kaimur at Bhabhua
                                                                         ... ... Petitioner/s
                                                 Versus
             1.    The State of Bihar Patna
             2.    Rani Devi W/o Udit Kharwar @ Udit Kumar Kharwar, D/o Laxman
                   Kharwar R/o vill - Gehuwa, P.S- Chand, Distt. - Kaimur at Bhabhua at
                   present residing at vill - Kathaura, P.S. - Sonhan, Distt. - Kaimur at Bhabhua
                                                                             ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Ashutosh Tripathy, Advocate
                  For the Opposite Party/s :      Mr. Sanjay Kumar Sharma, APP
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

2    06-02-2026                    Heard learned counsel for the petitioner and learned APP

                    for the State.

                                 2. The present application has been filed for modification

                    of order dated 21.07.2025 passed in Cr. Misc. No. 76061 of 2024 to

                    the extent of extending the period of surrender.

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

                    application, the period of surrender is extended by two weeks from

                    the date of receipt/production of a copy of this order in connection

                    with Complaint Case No. 915 (C) of 2023.

                                 4. The order dated 21.07.2025 is modified to the extent as

                    indicated above.

                                 5. Accordingly, this modification application stands

                    disposed of.


                                               (Soni Shrivastava, J)
devendra/-
U      T

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