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Patna High Court

Manoj Ram @ Manoj PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The modification petition is allowed subject to payment of Rs.1000 to the Legal Services Committee and an extension of the surrender period by four weeks.

Summary

The petitioner, Manoj Ram, filed a modification petition after a previous criminal miscellaneous order granting relief and noting no criminal antecedent. He claimed that his lawyer failed to inform him, causing the surrender deadline to lapse, though no details of the lawyer or dates were recorded. The court noted the earlier relief and, considering the circumstances, allowed the modification petition. The court ordered the petitioner to pay Rs.1000 to the Patna High Court Legal Services Committee and directed the payment to be handed over to the Suvas Cell, Veerchand Patel Road Area, Patna. Additionally, the period for surrender was extended by four weeks from the date of the order. The order was pronounced by Justice Rajiv Roy.

Issues considered

  • Whether the modification petition for extending the surrender period should be allowed despite the lapse caused by alleged lawyer negligence
  • Whether the petitioner should be required to pay a fee to the Legal Services Committee as a condition for granting the modification

Subjects

  • Criminal Miscellaneous Petition
  • Surrender
  • Modification Petition
  • Legal Services Committee
  • High Court Order
  • Extension of Time

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9221 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.65133 of 2025
                    Arising Out of PS. Case No.-297 Year-2024 Thana- ARA MUFFSIL District- Bhojpur
                 ======================================================
                 Manoj Ram @ Manoj Paswan S/o Surendra Paswan Resident of Village-
                 Mahuli, P.S.- Ara Muffasil, District- Bhojpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   06-02-2026                    In this case, on 25.09.2025, Cr. Misc. No. 65133 of

                   2025 was disposed of.

                                2. Now, the present modification petition has been

                   filed stating that the concerned lawyer failed to inform and as

                   such the surrender time lapsed. Neither the details of the lawyer

                   nor the dates have been recorded. However, since earlier, the

                   relief was granted to the petitioner and further it has been

                   recorded that he do not have criminal antecedent, in that

                   background, Cr. Misc. No. 9221 of 2026 is allowed subject to

                   payment of Rs.1000/- to the Patna High Court Legal Services

                   Committee to be handed over, to the Suvas Cell, Veerchand
             Patna High Court CR. MISC. No.9221 of 2026(2) dt.06-02-2026
                                                         2/2




                       Patel Road Area, Patna-800001.

                                    3. The period of surrender is further extended by four

                       weeks from today.



                                                      (Rajiv Roy, J)
Ravi/-

U        T


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