Patna High Court
Bishwajit KumarversusThe State Of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The High Court held that the bail order should remain in force pending disposal by the lower court and dismissed the modification application due to lack of client instruction.
Summary
The petitioners sought cancellation of bail granted to the accused, Biswajit Kumar, on the ground that he had failed to keep his wife, filing an application on 29‑10‑2023 in the lower court. The High Court noted that if the lower court had not yet disposed of that application, it should do so in accordance with law. Accordingly, the High Court ordered the lower court to dispose of the bail‑cancellation application and disposed of the present petition. A separate application for modification of the earlier bail order dated 16‑09‑2013 was also filed, but the petitioner’s counsel disclosed that he had no instruction from his client. In view of the lack of instruction, the Court dismissed the modification application. Thus, the bail order remains pending disposal by the lower court, and the request for its modification was rejected.
Issues considered
- Whether the bail granted to the accused should be cancelled on the allegation that he failed to keep his wife.
- Whether the High Court can entertain a modification application for a bail order when the petitioner’s counsel lacks client instruction.
Subjects
- bail
- cancellation of bail
- modification of bail order
- criminal procedure
- family dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8750 of 2014
Arising Out of PS. Case No.-1 Year-2013 Thana- MAHILA P.S. District- Bhagalpur
======================================================
Subhadra Kumari @ Gunja Kumari W/O Biswajit Kumar Resident Of
Village- Santnagar, P.S- Godda, Distt- Godda, Jharkhand And Daughter Of Sri
Upendra Dev Shukla, Resident Of Village Surkhikal, Tilkamanjhi, P.S- Barari,
Distt- Bhagalpur.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Biswajit Kumar S/O Sri Pramod Kumar Dubey Resident Of Village-
Santnagar, P.S- Godda, Distt- Godda Jharkhand
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 25529 of 2017
In
CRIMINAL MISCELLANEOUS No.28172 of 2013
======================================================
Bishwajit Kumar Son of Shri Pramod Kumar Dubey resident of Village -
Satya Nagar Police Station - Godda, District - Godda.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 8750 of 2014)
For the Petitioner/s : Mr.Ravi Shanker Pankaj
For the Opposite Party/s : Mr.Nityanand Tiwaryapp
(In CRIMINAL MISCELLANEOUS No. 25529 of 2017)
For the Petitioner/s : Mr.Vipin Kumar Singh
For the Opposite Party/s : Mr.Sri Ramchandra Sahani
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 13-03-2026 Re:- Cr. Misc. No. 8750 of 2014.
Heard the parties.
2. This application has been filed for cancellation of
bail granted to the opposite party no. 02 vide order dated
Patna High Court CR. MISC. No.8750 of 2014(2) dt.13-03-2026
2/2
16.09.2013 passed in Cr. Misc. No. 28172 of 2023.
3. An application dated 29.10.2023 was filed in the
Court below against the opposite party no. 02 and others.
4. It is made clear that if the Court below has not
disposed of the application dated 29.10.2023 then the same shall
be disposed of by the concerned Court below in accordance with
law as it is alleged that the opposite party no. 02 had not kept
his wife.
5. With the aforesaid direction, this application is
disposed of.
Re:- Cr. Misc. No. 25529 of 2017 and Cr. Misc. No.
28172 of 2013.
6. Heard the parties.
7. Though, this application has been filed for
modification of the order dated 16.09.2013 passed in Cr. Misc.
No. 28172 of 2013 but the learned counsel for the petitioner
submits that he has no instruction from his client.
8. In view of the above, this application is dismissed.
(Sandeep Kumar, J)
Vikas/-
U
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