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Patna High Court

Harikishor MukhiyaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court modified the earlier order, extending the time to surrender until 26 February 2026.

Summary

The petitioners, Harikishor Mukhiya and family members, filed an application seeking a further extension of the time granted to them to surrender before the learned District Court. The original order dated 16 October 2025 had already extended the surrender deadline, but the petitioners argued that additional time was necessary and supported their request with an affidavit. The Patna High Court, after hearing counsel for both sides, considered the reasons and the affidavit submitted. The Court found the reasons satisfactory and extended the surrender deadline to 26 February 2026, modifying the earlier order to that effect. All other provisions of the 16 October 2025 order were left unchanged, and the modification application was disposed of.

Issues considered

  • What is the appropriate discretion of the court in granting a further extension of time for surrender before a District Court?
  • Whether the petitioner's reasons and affidavit justify an additional extension of the surrender deadline.

Subjects

  • Criminal Procedure Code
  • surrender
  • extension of time
  • modification of order
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7294 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.72580 of 2025
                  Arising Out of PS. Case No.-147 Year-2022 Thana- SANGRAMPUR District- East Cham-
                                                          paran
                 ======================================================
           1.     Harikishor Mukhiya S/o- Mohna Mukhiya @ Mohan Big @ Mohan
                  Mukhiya
           2.    Sandhya Kumari W/o- Harikishor Mukhiya
           3.    Ranju Devi W/o- Premchandra Mukhiya @ Prem Mukhiya
                 All R/o- Koirgawa Bintoli, P.s.- Sangrampur, Dist.- East Champaran

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Suraj Kumar Tiwari, Advocate
                 For the Opposite Party/s      :       APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   06-02-2026                     Heard learned counsel appearing on behalf of the

                   petitioner and learned APP for the State.

                                    2. The petitioner seeks modification of the order

                   dated 16.10.2025 passed in Cr. Misc. No. 72580 of 2025 for fur-

                   ther extension of time to surrender before the learned District

                   Court.

                                3. Considering the reasons assigned in the modifica-

                   tion application and the affidavit, further period to surrender be-

                   fore the learned District Court is extended till 26.02.2026.

                                4. The order dated 16.10.2025 passed in Cr. Misc. No.

                   72580 of 2025 is modified to the extent as indicated above. The
        Patna High Court CR. MISC. No.7294 of 2026(2) dt.06-02-2026
                                                    2/2




                  other parts of the order shall remain intact.

                               5. Accordingly, the modification application stands

                  disposed of.



                                            (Purnendu Singh, J)
chn/-

U


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