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Patna High Court

Dr. Keshava Kumar @ Keshava KumarversusTHE STATE OF BIHAR

Decided
Disposal
ALLOWED

Holding

The court confirmed the provisional bail order, allowing the modification petition.

Summary

Dr. Keshava Kumar filed a petition seeking modification of a provisional bail order dated 21‑11‑2019 in a criminal miscellaneous case. The petitioner claimed that the dispute with the informant, Anupriya, had been settled. The informant’s counsel did not contest this claim and confirmed the settlement. The court examined whether the bail order should be altered in light of the settlement and the informant’s concurrence. Finding no reason to revoke the bail, the court confirmed the provisional bail and allowed the modification petition.

Issues considered

  • Whether a provisional bail order can be confirmed or modified when the parties have settled the dispute
  • Whether the informant’s consent affects the continuance of provisional bail

Subjects

  • provisional bail
  • modification of bail order
  • settlement of dispute
  • criminal miscellaneous proceedings
  • High Court of Patna

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.14580 of 2020
                                               In
                               CRIMINAL MISCELLANEOUS No.57283 of 2019
                        Arising Out of PS. Case No.-25 Year-2019 Thana- MAHILA P.S. District- Patna
                  ======================================================
                  Dr. Keshava Kumar @ Keshava Kumar Son of Ramashish Singh Permanent
                  Resident of Village - Badalpur, P.S.- Matihani, Dist.- Begusarai, At present
                  residing at Mohalla Malahi Pakri, P.S.- Kankarbagh, Town and Dist.- Patna
                  and Address in the F.I.R. at Kewal Mukund Bihari Dham Apartment B Block,
                  Flat No.G-02, Boring Canal Road, P.S.- Budha Colony, Dist.- Patna.

                                                                                     ... ... Petitioner/s
                                                         Versus
            1.    THE STATE OF BIHAR
            2.    Anupriya W/o Dr. Keshava Kumar, D/o Late Ram Kishore Singh Resident
                  of Village - Power House Road, P.S.- Begusarai (Nagar), Distt.- Begusarai.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner       :        Mr. Jai Prakash Singh, Advocate
                  For the State            :        Mr. Umeshanand Pandit, APP
                  For the Informant        :        Mr. Rajni Kant Singh, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

32   09-01-2026                    Heard Mr. Jai Prakash Singh, learned counsel for the

                    petitioner, Mr. Umeshanand Pandit, learned A.P.P. for the State

                    and Mr. Rajni Kant Singh, learned counsel for the

                    informant/Opposite Party No. 2.

                                 2. This petition has been filed for modification of

                    order dated 21.11.2019 passed in Cr. Misc. No. 57283 of 2019

                    by this Court, whereby this Court has granted provisional bail to

                    this petitioner.

                                 3. At the outset, learned counsel appearing on behalf

                    of the petitioner submits that the dispute between the parties has
             Patna High Court CR. MISC. No.14580 of 2020(32) dt.09-01-2026
                                                         2/2




                       been resolved.

                                    4. Learned counsel for informant/Opposite Party No.

                       2 does not dispute the contentions raised on behalf of the

                       petitioner and confirms the fact regarding settlement between

                       the parties.

                                    5. In view of aforesaid facts and circumstances, the

                       provisional bail granted to petitioner vide order dated

                       21.11.2019 passed in Cr. Misc. No. 57283 of 2019 is hereby

                       confirmed.

                                    6. Accordingly, the order dated 21.11.2019 passed in

                       Cr. Misc. No. 57283 of 2019 is modified to the above extent and

                       this modification petition stands allowed.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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