Patna High Court

Md. AlamversusThe State of Bihar

Decided: 13 February 2026
Disposal: ALLOWED
Bench: SONI SHRIVASTAVA

Holding

The court extended the surrender period by six weeks, thereby modifying the earlier order.

Summary

The petitioner, Md. Alam, filed an application seeking modification of the order dated 11 July 2025 in Criminal Miscellaneous No. 44233 of 2025, specifically to extend the period allowed for his surrender. The court examined the grounds presented in paragraph 4 of the application. Finding merit in the petitioner's request, the court extended the surrender period by six weeks from the date the order is received or produced. The modification was limited to the extent of extending the surrender period for the Barhariya Police Station case No. 423 of 2024. Consequently, the application for modification was disposed of after the order was altered.

Issues considered

Whether the period of surrender granted to the petitioner should be extended?

Subjects

surrender
modification of order
criminal procedure
procedural relief

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.79498 of 2025
                                               In
                               CRIMINAL MISCELLANEOUS No.44233 of 2025
                        Arising Out of PS. Case No.-423 Year-2024 Thana- BARHARIA District- Siwan
                  ======================================================
                  Md. Alam S/o Noor Alam R/o Village- Barhariya, P.S-Barhariya, District-
                  Siwan.                                                ... ... Petitioner/s
                                               Versus
                  The State of Bihar.                            ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Ranjan Kumar Dubey, Advocate
                  For the Opposite Party/s :       Mrs. Anita Kumari, APP
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

5    13-02-2026                  Heard learned counsel for the petitioner and learned

                    APP for the State.

                                 2. The present application has been filed for

                    modification of order dated 11.07.2025 passed in Cr. Misc. No.

                    44233 of 2025 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

                    six weeks from the date of receipt/production of a copy of this

                    order in connection with Barhariya P.S. Case No. 423 of 2024.

                                 4. The order dated 11.07.2025 is modified to the

                    extent as indicated above.

                                 5. Accordingly, this modification application stands

                    disposed of.


                                               (Soni Shrivastava, J)

Trivedi/-
U       T

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