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Patna High Court

Bindeshwari SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

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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