Patna High Court
Abdul KhalikversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANSHUMAN
Holding
The Court extended the surrender period by two weeks, subject to payment of Rs.2,000, and disposed of the application.
Summary
Petitioners Abdul Khalik and Md. Shafique filed an application seeking modification of an earlier order dated 11‑08‑2025 that required them to surrender within a specified period. They contended that they were out of town and the order was not communicated to them, preventing timely surrender. The State and the second opposite party opposed the prayer. The Court, after considering the submissions, extended the surrender period by two weeks from the date of the order, subject to a payment of Rs.2,000 to the Lawyers’ Association bank account. The application was thereafter disposed.
Issues considered
- Whether the surrender deadline can be extended on the ground of non‑communication and petitioner’s absence from town
- Whether imposing a monetary condition for the extension is permissible
Subjects
- surrender
- modification of order
- extension of time
- criminal procedure
- non‑communication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80982 of 2025
In
CRIMINAL MISCELLANEOUS No.50809 of 2025
Arising Out of PS. Case No.-194 Year-2024 Thana- KATIHAR COMPLAINT CASE
District- Katihar
======================================================
1. Abdul Khalik S/o- Late Daud Bishwas R/v- Balughat Ps- Barari Dist-
Katihar
2. Md. Shafique S/o- Late Md. Islam R/v- Balughat Ps- Barari Dist- Katihar
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Anwar Sadat S/o- Late Md. Hussain R/v- Balughat Ps- Barari Dist- Katihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Kumar Singh, Advocate
For the State : Mr. Nand Kumar, APP
For the Opposite Party/s : Mr. Sanjeev Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
4 11-03-2026 The present application has been filed for
modification of the order dated 11.08.2025 passed in Criminal
Miscellaneous No. 50809 of 2025 to the effect of extending the
time for surrender for a further four weeks.
2. Learned counsel for the petitioners submits that
since the petitioners were not available in town, the order was
not communicated to them and, due to this reason, they could
not surrender within the specified period.
3. Learned counsel for Opposite Party No. 2 and
learned A.P.P. for the State oppose the prayer.
4. Considering the submissions made and the grounds
Patna High Court CR. MISC. No.80982 of 2025(4) dt.11-03-2026
2/2
mentioned in the petition, the period for surrender is hereby
extended for a further period of two weeks from today, subject
to payment of Rs. 2,000/- (Rupees Two Thousand only) in the
bank account of the Lawyers’ Association, Patna High Court.
5. Accordingly, the present application stands
disposed of.
(Dr. Anshuman, J)
Ashwini/-
U
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