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Patna High Court

ANJU KUMARIversusThe State of Bihar

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The application for cancellation of bail is dismissed for non‑prosecution.

Summary

Anju Kumari filed an application seeking cancellation of the bail granted to Jainath Mahto on 17 December 2021. The court gave the petitioner's counsel a two‑week peremptory deadline to rectify procedural defects, but no steps were taken and no counsel appeared. The State's counsel was present, but the petitioners showed no interest in pursuing the matter. Considering the lapse and lack of prosecution, the court dismissed the application. The bail order therefore remains in force.

Issues considered

  • Whether the bail granted to Jainath Mahto should be cancelled
  • Whether the petitioner's failure to comply with the court's deadline warrants dismissal for non‑prosecution

Subjects

  • bail
  • cancellation of bail
  • non-prosecution
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1917 of 2022
                     Arising Out of PS. Case No.-593 Year-2021 Thana- MADHAURAH District- Saran
                 ======================================================
                 Anju Kumari Daughter of Surendra Mahto Resident of Village- Roop
                 Rahimapur, P.S.- Marhowrah, District- Saran at Chapra.
                                                                        ... ... Petitioner/s
                                                   Versus
           1.     The State of Bihar
           2.    Jainath Mahto Son of Bhikhari Mahto Resident of Village- Roop Rahimpur,
                 P.S.- Marhowrah, District- Saran at Chapra.
           3.    Bigan Mahto Son of Jainath Mahto Resident of Village- Roop Rahimpur,
                 P.S.- Marhowrah, District- Saran at Chapra.
           4.    Tarkeshwar Mahto Son of Jainath Mahto Resident of Village- Roop
                 Rahimpur, P.S.- Marhowrah, District- Saran at Chapra.
           5.     Indu Devi Wife of Manoj Mahto Resident of Village- Roop Rahimpur, P.S.-
                  Marhowrah, District- Saran at Chapra.
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      None
                 For the Opposite Party/s :      Mr. Anita Kumari Singh
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

5   05-02-2026                  Two weeks peremptory time vide order dated

                   19.01.2026 had been granted to the learned counsel for the

                   petitioners for removal of defects.

                                2. Office notes shows that no steps had been taken by

                   the learned counsel for the petitioners for removal of the defects

                   and no one is even appearing on behalf of the petitioners on call

                   today. However, learned APP for the State is present. The

                   present application involves the issue of cancellation of bail

                   granted to the opposite party no. 2 by an order dated

                   17.12.2021.
             Patna High Court CR. MISC. No.1917 of 2022(5) dt.05-02-2026
                                                         2/2




                                    3. Since it is an old matter, it seems that the

                       petitioners have lost interest in the case, in such view of the

                       matter, the present application is dismissed for non-prosecution.



                                                 (Soni Shrivastava, J)
devendra/-

U      T


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