Patna High Court

Kush KumarversusThe State of Bihar

Decided: 16 February 2026
Disposal: ALLOWED
Bench: SANDEEP KUMAR

Holding

The court allowed the application and granted the appellant an additional four‑week period to surrender.

Summary

The petitioner, Kush Kumar, filed an application seeking modification of the order dated 13‑11‑2025 in Criminal Appeal (SJ) No. 484 of 2025, requesting an additional four‑week period to surrender before the lower court. The High Court considered the reasons set out in the application and, finding no impediment, granted the requested extension. Consequently, the earlier order was modified to allow the petitioner four more weeks to surrender. The court’s decision was recorded in an oral order dated 16‑02‑2026. The modification application was therefore allowed.

Issues considered

Whether the appellant should be granted an additional four‑week extension to surrender before the court below?

Subjects

Criminal Procedure Code
surrender
extension of time
modification of order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7296 of 2026
                                               In
                                 CRIMINAL APPEAL (SJ) No.484 of 2025
                      Arising Out of PS. Case No.-52 Year-2024 Thana- MAHILA P.S. District- Purnia
                 ======================================================
                 Kush Kumar S/O Ram Chandra Sah Resident of village- Basudeopur, Police
                 station- Barha Kothi, Dist.- Purnia, Bihar

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar Patna
           2.    Romi Kumari D/O Dipu Paswan R/O Vill.- Housing Colony, P.S.- K. Hat,
                 Dist.- Purnea.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rakesh Kumar Jha, Adv
                 For the Opposite Party/s :       Mr.Yogendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-02-2026                    Heard learned counsel or the appellants and learned

                   counsel for the State.

                                2. The present application has been filed for

                   modification of the order dated 13.11.2025 passed in Cr.

                   Appeal ( SJ) No. 484 of 2025 seeking extension of further four

                   weeks time to surrender before the court below.

                                3. For the reasons mentioned in the application, the

                   prayer made therein is allowed and appellant is further granted

                   four weeks time to surrender before the court below.

                                4. Accordingly, the order dated 13.11.2025 passed in

                   Cr.Appeal (SJ) No. 484 of 2025 is modified to the extent

                   indicated above.
            Patna High Court CR. MISC. No.7296 of 2026(2) dt.16-02-2026
                                                        2/2




                                   5. Accordingly, the present modification application

                      stands allowed.



                                                 (Sandeep Kumar, J)
N.K/-

U       T

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