Patna High Court
ANJU KUMARIversusThe State of Bihar
- Decided
- Disposal
- DISMISS FOR NON-PROSECUTION
- Bench
- SONI SHRIVASTAVA
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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