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Patna High Court

Raman Kr. JhaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The application for cancellation of bail is dismissed, and the bail order remains in force.

Summary

The petitioner, Raman Kr. Jha, filed an application seeking cancellation of bail granted to the accused, Maharudra Jha, by the 1st Additional Sessions Judge, Benipur, on 09.01.2024. The petitioner argued that the bail was granted without considering vital aspects and that the High Court had previously rejected the bail plea. The court noted that the trial was at an advanced stage, with final arguments scheduled for 06.12.2025, and that there was no merit in interfering with the bail order at this juncture. Consequently, the court directed the trial court to conclude the trial expeditiously, preferably within a month, and disposed of the bail cancellation application. The bail order therefore remains in force pending the conclusion of the trial.

Issues considered

  • Whether the bail granted to the accused can be cancelled at the final stage of the trial despite earlier High Court rejection of a bail plea

Subjects

  • bail
  • cancellation of bail
  • criminal procedure
  • trial stage
  • expeditious trial
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21992 of 2024
                      Arising Out of PS. Case No.-286 Year-2021 Thana- BAHERA District- Darbhanga
                 ======================================================
                 Raman Kr. Jha son of Late Ghanshyam Jha Village- Mohan Bahera Ps-
                 Bahera Dist- Darbhanga

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Maharudra Jha son of Late BrIjnandan Jha Village- Mohan Bahera Ps-
                 Bahera Dist- Darbhanga

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Brij Bihari Tiwary, Advocate
                 For the Opposite Party/s :       Mr. Satyendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   08-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The present application for cancellation of bail has

                   been filed against the order dated 09.01.2024 passed by the

                   learned Court of 1st Additional Sessions Judge, Benipur,

                   Darbhanga whereby and whereunder the bail was granted to the

                   opposite party no.2.

                                3. Learned counsel appearing for the petitioner prays

                   for cancellation of the bail granted to the opposite party no.2 on

                   non-consideration of vital aspects and extraneous grounds even in

                   complete ignorance of fact that earlier the Hon’ble High Court had

                   already rejected the prayer for bail of the opposite party
              Patna High Court CR. MISC. No.21992 of 2024(3) dt.08-01-2026
                                                          2/2




                        no.2. However, upon perusal of a report with regard to stage of

                        trial, it appears that the case had been fixed for final arguments

                        and the scheduled date of hearing was 06.12.2025.

                                     4. In such view of the fact that the case has reached

                        almost its final stage, there is no point of interfering with the

                        impugned order. However, considering the stage of the case, the

                        learned Trial Court is directed to conclude the trial

                        expeditiously, preferably within a period of one month.

                                     5. With the aforesaid observation, this application is

                        disposed of.



                                                  (Soni Shrivastava, J)
anand/-

U         T


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