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Patna High Court

VIJAY YADAV @ BIJAY YADAVversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The revision petition is dismissed for non‑compliance with the order to file the surrender certificate.

Summary

Vijay Yadav filed a criminal revision petition before the Patna High Court challenging an order of the trial court. The court had earlier directed the petitioner to file a surrender certificate by a specified date, granting a final opportunity to comply. The petitioner failed to appear on the last date of hearing and his counsel later reported no instructions from him. The court noted the petitioner’s non‑compliance with the order dated 07.10.2025 and the subsequent direction dated 11.11.2025. Consequently, the court dismissed the revision petition for failure to file the surrender certificate as ordered. The dismissal was pronounced on 18‑02‑2026.

Issues considered

  • Whether the revision petition should be dismissed for failure to comply with the court’s order to file a surrender certificate

Subjects

  • criminal revision
  • surrender certificate
  • non‑compliance
  • petition dismissal
  • procedural default

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL REVISION No.164 of 2022
                   Arising Out of PS. Case No.-10 Year-2002 Thana- SHANKARPUR District- Madhepura
                 ======================================================
                 Vijay Yadav @ Bijay Yadav S/O Parmeshwari Yadav @ Parmeswari Yadav
                 R/o village- Basantpur, P.S.- Shankarpur, District- Madhepura.

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

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :          Mr. Amarnath Jha, Advocate
                 For the Respondent/s     :          Mr. Satyendra Narayan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

6   18-02-2026                 In this case, on 11.11.2025, following order was

                   passed:

                                              “ Office note shows surrender certificate
                                        has not been filed towards compliance of
                                        previous order dated 07.10.2025.
                                              2. However, learned counsel for the
                                        petitioner     seeks      further   time   for    filing
                                        surrender certificate.
                                              3. As prayed for, by way of last
                                        opportunity, learned counsel for the petitioner
                                        is directed to file surrender certificate towards
                                        compliance of the order dated 07.10.2025,
                                        failing which this petition will be dismissed.
                                              4. List the matter on 13.01.2026.”


                               02. On the last date of hearing, no one appeared for the

                   petitioner. Today, learned counsel for the petitioner submits that he
           Patna High Court CR. REV. No.164 of 2022(6) dt.18-02-2026
                                                        2/2




                     has no instruction from the petitioner and appropriate order may

                     be passed.

                                  03. For non-compliance of the order dated 11.11.2025,

                     the present revision petition stands dismissed.



                                               (Arun Kumar Jha, J)
Ashish/-

U


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