Patna High Court
Santosh Kumar @ Santosh YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- 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
Santosh Kumar filed an application seeking modification of an earlier order dated 01.05.2025 that set a surrender period in a criminal miscellaneous case. The petitioner argued for an extension of the surrender deadline, citing reasons detailed in paragraphs 5 and 6 of the application. The Court considered the request and, subject to the petitioner depositing Rs.2,000 with the District Legal Services Authority, extended the surrender period by three weeks from the date the order is received or produced. The modification was ordered by Justice Soni Shrivastava. Consequently, the application for modification was disposed of after the order was altered.
Issues considered
- Whether the surrender period prescribed in the earlier order can be extended
- Whether the extension should be conditioned upon a deposit of Rs.2,000 with the District Legal Services Authority
Subjects
- criminal procedure
- surrender
- modification of order
- legal services authority
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9332 of 2026
In
CRIMINAL MISCELLANEOUS No.74977 of 2024
Arising Out of PS. Case No.-812 Year-2022 Thana- AURANGABAD COMPLAINT CASE
District- Aurangabad
======================================================
Santosh Kumar @ Santosh Yadav S/o Shivnandan Yadav R/o Village -
Manuaar Khaira, P.S - Barun, District - Aurangabad
... ... Petitioner/s
Versus
1. The State of Bihar
2. Anita Devi W/o Santosh Kumar @ Santosh Yadav D/o Ramashray Yadav,
R/o Village - Bariya Tola, Babhandiha, P.S - Nabinagar, District -
Aurangabad
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mukul Kumari, Advocate
For the Opposite Party/s : Mr. Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 06-02-2026 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 01.05.2025 passed in Cr. Misc.
No. 74977 of 2024 to the extent of extending the period of
surrender.
3. On the grounds mentioned in paragraphs-5 and 6 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. 812 of 2022,
subject to deposit of sum of Rs.2000/- (Rupees Two Thousand)
Patna High Court CR. MISC. No.9332 of 2026(2) dt.06-02-2026
2/2
in the account of concerned District Legal Services Authority.
4. The order dated 01.05.2025 is modified to the
extent as indicated above.
5. Accordingly, this modification application stands
disposed of.
(Soni Shrivastava, J)
devendra/-
U T
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