Patna High Court
Rama Pratap Yadav alias Rana Pratap YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- R P MISHRA
Holding
The court dismissed the petition for further modification, finding no merit to extend the surrender period again.
Summary
The petitioner, Rama Pratap Yadav, was granted pre‑arrest bail in a case arising from Darauli P.S. and was directed to surrender before the trial court within six weeks. He failed to surrender within that period and subsequently obtained a modification order on 31‑Oct‑2025 extending the surrender deadline by three weeks under Section 528 of the CrPC. The petitioner now seeks a further extension, citing unavoidable circumstances. The learned counsel argued that the petitioner was unable to comply despite the earlier extension. The High Court examined the application and found no merit to grant another modification, holding that the petitioner had already been given ample opportunity to surrender. Consequently, the Court dismissed the present application for further extension.
Issues considered
- Whether the court should further extend the period for surrender of the petitioner under Section 528 of the Code of Criminal Procedure
Legislation cited
- Code of Criminal Procedure — s. 528
Subjects
- pre‑arrest bail
- surrender
- modification
- Section 528
- CrPC
- extension of time
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89570 of 2025
In
CRIMINAL MISCELLANEOUS No.75937 of 2025
Arising Out of PS. Case No.-42 Year-2025 Thana- DURAULI District- Siwan
======================================================
Rama Pratap Yadav alias Rana Pratap Yadav Nand Deo Yadav Resident of
Village - Bangarua, P.S. - Sri Rampur, District - Deoria U.P.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bijay Prakash Singh, Advocate
For the Opposite Party/s : Mr.Parmanand Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present application has been filed under
Section 528 of the Code of Criminal Procedure for modification
of order dated 31.10.2025 passed in Criminal Miscellaneous No.
75937 of 2025 by which the modification petition filed by the
petitioner was allowed with a direction that “the period of
surrender of the petitioner in the Court below is extended for a
further period of three weeks from the date of receipt /
production of a copy of this order.”
3. Learned counsel for the petitioner submitted that
earlier, the petitioner was granted pre-arrest bail in connection
with Darauli P.S. Case No. 42 of 2025 passed in Criminal
Patna High Court CR. MISC. No.89570 of 2025(2) dt.13-01-2026
2/2
Miscellaneous No. 35277 of 2025 with a direction to surrender
before the learned Court below within a period of six weeks, but
petitioner could not surrendered before the Court below within
the stipulated period of six weeks. Thereafter, petitioner
preferred modification application for extension of time to
surrender before the learned court below, which was also
allowed vide order dated 31.10.2025 passed in Criminal
Miscellaneous No. 75937 of 2025, whereby the period of
surrender of the petitioner was extended for a further period of
three weeks. He further submitted that due to unavoidable
circumstances petitioner could not surrender before the learned
court below.
4. In view of the above facts and circumstances, this
Court does not find any merit at this stage to further modify the
order dated 31.10.2025 passed in Criminal Miscellaneous No.
75937 of 2025. Accordingly, the present Criminal Miscellaneous
No. 89570 of 2025 stands dismissed.
(Rudra Prakash Mishra, J)
manish/-
U T
Checking your session…