Patna High Court
Pankaj Kumar MishraversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SONI SHRIVASTAVA
Holding
The Court modified the earlier order, extending the surrender period by three weeks subject to a Rs.2,000 deposit.
Summary
The petitioner, Pankaj Kumar Mishra, filed an application seeking modification of a prior order dated 30‑04‑2025 that set a surrender period in a criminal miscellaneous case arising from Complaint No. 614 of 2021. The petitioner requested an extension of the surrender period, citing grounds set out in paragraphs 8 and 9 of the application. The Court considered the request and, on 09‑01‑2026, ordered that the surrender period be extended by three weeks from the date the order is received or produced, provided the petitioner deposits Rs.2,000 in the account of the District Legal Services Authority. The modification was granted, and the application was disposed of. The order reflects the Court’s discretion to alter procedural timelines in surrender cases subject to a monetary condition.
Issues considered
- Whether the surrender period prescribed in the earlier order can be extended
- Whether the condition of depositing Rs.2,000 in the District Legal Services Authority is permissible
Subjects
- criminal procedure
- surrender
- modification of order
- district legal services authority
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89688 of 2025
In
CRIMINAL MISCELLANEOUS No.69386 of 2024
Arising Out of PS. Case No.-614 Year-2021 Thana- MADHUBANI COMPLAINT CASE
District- Madhubani
======================================================
Pankaj Kumar Mishra Son of Jay Kumar Mishra R/o - Bansara, P.S - Raiyam,
District - Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar
2. Puja Kumari Wife of Pankaj Kumar Mishra Resident Of Mohalla -
Gurmaha, Pachadhi, Ps- Pandaul, Dist- Madhubani
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed for
modification of the order dated 30.04.2025 passed in Cr. Misc.
No. 69386 of 2024 to the extent of extending the period of
surrender.
3. On the grounds mentioned in paras-8 and 9 of the
modification application, the period of surrender is extended by
three weeks from the date of receipt/production of a copy of this
order in connection with Complaint Case No. 614 of 2021,
subject to deposit of sum of Rs.2000/- (Rupees Two Thousand)
Patna High Court CR. MISC. No.89688 of 2025(2) dt.09-01-2026
2/2
in the account of concerned District Legal Services Authority.
4. The order dated 30.04.2025 is modified to the
extent as indicated above.
5. Accordingly, this modification application stands
disposed of.
(Soni Shrivastava, J)
Trivedi/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.