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Patna High Court

Sadhusaran MandalversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that the surrender period may be extended by three weeks, subject to the petitioner depositing Rs.2,000 in the District Legal Services Authority account.

Summary

The petitioner, Sadhusaran Mandal, filed an application seeking modification of the order dated 12‑09‑2025 which prescribed a surrender period in connection with PS Case No. 177 of 2021. The petitioner requested an extension of the surrender period, citing grounds set out in paragraphs 4 and 5 of the application. The Court, after hearing counsel, extended the surrender period by three weeks from the date the order is received or produced, conditioned upon the petitioner depositing Rs.2,000 in the account of the concerned District Legal Services Authority. The modification order was accordingly issued and the application was disposed of. The decision reflects the Court’s discretion to alter procedural timelines in criminal miscellaneous proceedings subject to reasonable conditions.

Issues considered

  • Whether the surrender period prescribed in the original order can be extended?
  • Whether imposing a deposit of Rs.2,000 as a condition for the extension is permissible?

Subjects

  • surrender
  • modification of order
  • criminal miscellaneous
  • deposit condition
  • Patna High Court
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.923 of 2026
                                               In
                              CRIMINAL MISCELLANEOUS No.62432 of 2025
                     Arising Out of PS. Case No.-177 Year-2021 Thana- PIRPAINTI District- Bhagalpur
                 ======================================================
                 Sadhusaran Mandal Son of Late Ram Lagan Mandal Resident of village-
                 Babupur, p.s.- Pirpainty, District- Bhagalpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Swapnil Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Anil Prasad Singh, 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 order dated 12.09.2025 passed in Cr. Misc. No.

                   62432 of 2025 to the extent of extending the period of surrender.

                                3. On the grounds mentioned in paras-4 and 5 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 Pirpainty (Bakharpur) P.S. Case No.

                   177 of 2021, subject to deposit of sum of Rs.2000/- (Rupees

                   Two Thousand) in the account of concerned District Legal

                   Services Authority.

                                4. The order dated           12.09.2025 is modified to the
            Patna High Court CR. MISC. No.923 of 2026(2) dt.09-01-2026
                                                        2/2




                      extent as indicated above.

                                   5. Accordingly, this modification application stands

                      disposed of.


                                                (Soni Shrivastava, J)

Trivedi/-

U       T


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