Patna High Court
Manish Yadav @ Manish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The order dated 07‑11‑2025 is modified to extend the surrender period by two weeks, subject to a deposit of Rs.2000 in the District Legal Services Authority.
Summary
The petitioners filed an application seeking modification of the order dated 07‑11‑2025 in Criminal Appeal (SJ) No.4623 of 2024, specifically to extend the period allowed for surrender. The court considered the grounds raised in the application and decided to extend the surrender period by two weeks from the date the order is received or produced, conditional upon the deposit of Rs.2000 in the District Legal Services Authority’s account. The modification was ordered to facilitate compliance with the surrender requirement. The court’s order thereby altered the earlier directive, granting the petitioners the requested extension. The application was subsequently disposed of as modified.
Issues considered
- Whether the application for modification of the surrender period is maintainable
- Whether the court can extend the period of surrender under the applicable procedural law
- Whether imposing a monetary deposit condition is permissible
Subjects
- surrender
- modification of order
- criminal appeal
- legal services authority
- period of surrender
- court order modification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7297 of 2026
In
CRIMINAL APPEAL (SJ) No.4623 of 2024
Arising Out of PS. Case No.-174 Year-2024 Thana- MOKAMAH District- Patna
======================================================
1. Manish Yadav @ Manish Kumar son of Devnandan Yadav Resident of
village- Sultanpur Bagi PS- Mokama, Dist- Patna
2. Kamdev Yadav son of Late Lagan Yadav @ Ramlagan Yadav Resident of
village- Sultanpur Bagi PS- Mokama, Dist- Patna
3. Jairam Yadav Son of Late Lagan Yadav @ Ramlagan Yadav Resident of
village- Sultanpur Bagi PS- Mokama, Dist- Patna
4. Rustam Kumar son of Jairam Yadav Resident of village- Sultanpur Bagi,
P.S.- Mokama, Dist.- Patna
... ... Petitioner/s
Versus
1. The State of Bihar Patna
2. Raj Kumari Devi Wife of Hareram Paswan R/O village- Sultanpur Bagi, ps-
Mokama, Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prem Ranjan Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The present application has been filed for
modification of order dated 07.11.2025 passed in Cr. Appeal
(SJ) No. 4623 of 2024 to the extent of extending the period of
surrender.
3. On the grounds mentioned in paragraphs-3 and 4 of
the modification application, the period of surrender is extended
Patna High Court CR. MISC. No.7297 of 2026(2) dt.06-02-2026
2/2
by two weeks from the date of receipt/production of a copy of
this order in connection with Mokama P.S. Case No. 174 of
2024, subject to deposit of sum of Rs.2000/- (Rupees Two
Thousand) in the account of concerned District Legal Services
Authority.
4. The order dated 07.11.2025 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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