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Patna High Court

Pankaj Sah @ Pankaj KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The application for modification is allowed, granting the petitioners an additional four weeks to surrender.

Summary

The petitioners, four accused persons, filed an application seeking modification of the order dated 11‑11‑2025 in Criminal Appeal (SJ) No. 3828 of 2024, requesting an additional four‑week period to surrender before the lower court. The court considered the reasons provided in the application. It held that the petitioners were entitled to the requested extension. Consequently, the earlier order was modified to grant the four‑week extension for surrender. The modification application was therefore allowed.

Issues considered

  • Whether the application for modification of the earlier order granting time to surrender should be allowed

Subjects

  • surrender
  • extension of time
  • modification of order
  • criminal procedure
  • appeal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7299 of 2026
                                              In
                                CRIMINAL APPEAL (SJ) No.3828 of 2024
                   Arising Out of PS. Case No.-268 Year-2024 Thana- GAUTAMBUDHNAGAR District-
                                                          Siwan
                 ======================================================
           1.     Pankaj Sah @ Pankaj Kumar S/o Mohan Sah R/o Village - Purani Bazar,
                  Tarwara, P.S - G. B Nagar, District - Siwan
           2.    Vikash Sah @ Vikash Kumar S/o Gopal Sah @ Gopal Jaishwal R/o Village -
                 Purani Bazar, Tarwara, P.S - G. B Nagar, District - Siwan
           3.    Bashistha Jaishwal @ Vashistha Sah S/o Achhutanand Sah @ Kukur Sah
                 R/o Village - Purani Bazar, Tarwara, P.S - G. B Nagar, District - Siwan
           4.    Bhim Jaishwal @ Bhim Kumar Sah @ Bhim Kumar Jaishwal S/o Tarachand
                 Sah R/o Village - Purani Bazar, Tarwara, P.S - G. B Nagar, District - Siwan

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Arti Devi W/o Parsuram Sah R/o Village - Tarwara, P.S - Udiyan Tola, P.S -
                 G. B Nagar, District - Siwan

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Anil Chandra, Adv
                 For the Opposite Party/s :    Mr.Sanjay 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 11.11.2025 passed in Cr.

                   Appeal ( SJ) No. 3828 of 2024 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 appellants are further
            Patna High Court CR. MISC. No.7299 of 2026(2) dt.16-02-2026
                                                        2/2




                      granted four weeks time to surrender before the court below.

                                   4. Accordingly, the order dated 11.11.2025 passed in

                      Cr.Appeal (SJ) No. 3828 of 2024 is modified to the extent

                      indicated above.

                                   5. Accordingly, the present modification application

                      stands allowed.



                                                 (Sandeep Kumar, J)
N.K/-

U       T


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