Patna High Court
Bindeshwari SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The condition requiring payment of Rs. 60 lakhs is unenforceable and is deleted, so the petition for cancellation of bail is dismissed.
Summary
The petitioner sought cancellation of the bail granted to him on 11 July 2023, arguing that he had not complied with condition (ii) which required the opposite party No.2 to pay Rs. 60 lakhs as part of a compromise. The court observed that the underlying dispute was civil, pending as Title Suit No.148 of 2020, and that imposing such an onerous condition on bail was impermissible. Relying on the Supreme Court decision in Srikant Kumar @ Shrikant Kumar v. State of Bihar (2025 SCC OnLine SC 2215), the court held that the condition could not be enforced and therefore deleted it. Consequently, the petition to cancel bail was found to be without merit and was dismissed. The bail remains in force without the onerous payment condition.
Issues considered
- Whether condition (ii) of the bail order, requiring payment of Rs. 60 lakhs, is enforceable.
- Whether non‑compliance with an onerous bail condition justifies cancellation of bail.
- Whether the Supreme Court precedent on onerous conditions applies to the present case.
Subjects
- bail
- onerous condition
- cancellation of bail
- civil dispute
- Supreme Court precedent
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15898 of 2025
Arising Out of PS. Case No.-329 Year-2020 Thana- SHRIKRISHNAPURI District- Patna
======================================================
Bindeshwari Singh, Son of Late Mithila Prasad Singh, R/o B-26, Housing
Colony, P.S.- Kankarbagh, Distt.- Patna.
... ... Petitioner
Versus
1. The State of Bihar
2. Anil Kumar Singh, Son of Late Anirudha Sinha @ Anurudh Singh, Resident
of Dheeraj Commercial Complex, Boring Road, P.S.- Srikrishnapuri, Distt.-
Patna.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate
For the State : Mr. Madan Kumar, APP
For the O.P. No.2 : Mr. Shubham Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
21 13-02-2026 The present petition has been preferred for
cancellation of bail as granted to the petitioner
through Cr. Misc. No.11726 of 2023 dated
11.07.2023 on the sole ground that condition no.
(ii) was not complied with by the petitioner, where
in terms of compromise O.P. No.2 was directed to
pay Rs. 60 lakhs to petitioner.
2. Considering the argument and upon
perusal of order dated 11.07.2023 as passed in Cr.
Misc. No.11726 of 2023, it appears that the
aforesaid petition was decided, considering the
merit that dispute was civil in nature for which a
Patna High Court CR. MISC. No.15898 of 2025(21) dt.13-02-2026
2/2
Title Suit No.148 of 2020 is pending before learned
Sub Judge-I, Patna. This Court is aware about the
fact that the onerous condition cannot be imposed
but, it was directed as an additional condition, only
honouring to the compromise as arrived between
the parties.
3. In view of aforesaid, as Hon’ble
Supreme Court recently in the matter of Srikant
Kumar @ Shrikant Kumar vs. State of Bihar
and Another [2025 SCC OnLine SC 2215], held
that the onerous condition cannot be imposed in
any case, the condition no.(ii) stands deleted.
4. Accordingly, the present petition, being
devoid of any merit, accordingly, same stands
rejected.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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