Patna High Court

SANJAY LAHKAR @ SANJAY KUMAR GUPTAversusTHE STATE OF BIHAR

Decided: 20 January 2026
Disposal: ALLOWED
Bench: SANDEEP KUMAR

Holding

The High Court quashed the order dismissing the revision and directed the petitioner to furnish fresh bail bonds and cooperate in both the criminal and maintenance proceedings.

Summary

The petitioner, Sanjay Lahkar, filed an application challenging the order dated 28‑01‑2019 of the Additional Sessions Judge which dismissed his revision against an earlier order dated 5‑02‑2018 in a criminal case. The High Court, after hearing counsel, found merit in the petition and quashed the impugned order, also vacating an interim order dated 25‑03‑2025. The court directed the petitioner to furnish fresh bail bonds and to cooperate in the pending criminal proceedings. It further noted that the petitioner was not appearing in a related maintenance case (No. 114 of 2016) before the Family Court and ordered both parties to appear before the Family Court on 2 February 2026. The Family Court was instructed to proceed ex‑parte against the non‑cooperating party and to fix a date for final orders within three months.

Issues considered

Whether the order dismissing the revision filed by the petitioner should be set aside.
Whether the petitioner should be required to furnish fresh bail bonds and cooperate in the criminal proceedings.
Whether the petitioner’s non‑cooperation in the pending maintenance case warrants ex‑parte proceedings by the Family Court.

Subjects

bail
revision
quash order
maintenance case
ex‑parte proceedings
family court
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20310 of 2019
                    Arising Out of PS. Case No.-121 Year-2016 Thana- WARISLIGANJ District- Nawada
                 ======================================================
                 SANJAY LAHKAR @ SANJAY KUMAR GUPTA Son of Late Vishwanath
                 Lahkar @ Vishwanath Prasad Gupta Resident of Village - Mau Bazar,
                 Vidyapati Nagar, P.S.- Vidyapati Nagar, Distt - Samastipur.
                                                                             ... ... Petitioner/s
                                                    Versus
           1.     THE STATE OF BIHAR
           2.     Anita Devi D/o Rajendra Prasad Lahkar Resident of Uttar Bazar, P.S.-
                  Warsaliganj, Distt - Nawada,.
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Jitendra Prasad Singh, Sr. Adv.
                                                 Mr. Venkatesh Kaushik
                 For the Opposite Party/s :      Mr.Brajendra Nath Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   20-01-2026                   Heard the parties including the learned counsel for the

                   opposite party no. 02.

                                 2. This application has been filed against the order

                   dated 28.01.2019 passed by the learned Additional Sessions

                   Judge, 1st Nawada in Cr. Revision No. 08 of 2018 by which the

                   revision filed by the petitioner against the order dated 5.2.2018

                   in Warsaliganj P.S. Case No. 121 of 2016 has been dismissed.

                                 3. In the interest of justice, this application is allowed

                   and the order dated 28.01.2019 passed by the learned Additional

                   Sessions Judge, 1st Nawada in Cr. Revision No. 08 of 2018 is

                   hereby quashed and the interim order dated 25.03.2025 is

                   hereby vacated.

                                  4. The petitioner is directed to furnish fresh bail

                   bonds and he is directed to participate in the proceedings. He is

                   also directed to co-operate in the proceedings and he will not
          Patna High Court CR. MISC. No.20310 of 2019(4) dt.20-01-2026
                                                      2/2




                    delay the proceedings.

                                 5. During the course of argument, it is submitted by

                    the learned counsel for the petitioner that one Maintenance Case

                    No. 114 of 2016 is pending in the Court of Principal Judge,

                    Family Court, Nawada in which the petitioner is not appearing

                    and he is no co-operating.

                                 6. In view of the above, the petitioner and the opposite

                    party no. 02 are directed to appear in the maintenance case

                    before the Principal Judge, Family Court, Nawada on 2 nd of

                    February, 2026 and thereafter the Principal Judge, Family Court,

                    Nawada will fix a date in the proceedings of Maintenance Case

                    No. 114 of 2016 and will pas final orders within the next three

                    months.

                                 7. The Principal Judge, Family Court, Nawada is

                    directed to proceed ex-parte against the non-cooperating party.

                                 8. Let a copy of this order be communicated to the

                    Principal District and Sessions Judge, Nawada through FAX for

                    its compliance.



                                                               (Sandeep Kumar, J)
Vikas/-

U

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