Patna High Court
Shashi Bhusan SharmaversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The High Court did not cancel the bail but disposed of the application, directing the petitioner to approach the lower court for cancellation if non‑compliance is established.
Summary
The petitioner, Shashi Bhusan Sharma, filed an application seeking cancellation of bail granted to the second opposite party in a criminal miscellaneous case, alleging that the bailee had failed to deposit the Rs. 2,80,000 he had undertaken to pay at the time of bail. The High Court examined the prayer and noted that the issue of non‑compliance could be determined by the trial court. Consequently, the Court disposed of the application, granting the petitioner liberty to approach the lower court and request cancellation of bail if it finds that the deposit has not been made. No substantive finding on the bail itself was made. The order therefore leaves the matter to be decided by the court below.
Issues considered
- What is the appropriate remedy when a bailee fails to comply with a condition of deposit of money as ordered by the High Court?
Subjects
- bail
- cancellation of bail
- non‑compliance
- deposit condition
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27799 of 2013
Arising Out of PS. Case No.-315 Year-2007 Thana- JAHANABAD District- Jehanabad
======================================================
Shashi Bhusan Sharma S/O Kedar Singh Resident Of Village Raza Bazar, P.S.
Jehanabad, District Jehanabad.
... ... Petitioner/s
Versus
1. State Of Bihar and Anr
2. Sahina Praveen W/O Muzaffar @ Sajju Mian Resident Of Village
Pachamahala, P.S. Jehanabad, District Jehanabad.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar
For the Opposite Party/s : Mr.A.H.M.Rahman App
For the O.P. No. 02 : Mr. Satya Ranjan Sinha
Ms. Seema Kumari
Ms. Srishti Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
9 13-03-2026 Heard the parties.
2. This application has been filed on behalf of the
petitioner for cancellation of bail granted to the opposite party
no. 02 in Cr. Misc. No. 1994 of 2011 in connection with
Jehanabad P.S. Case No. 315 of 2007 on the ground that the
opposite party no. 02 has not complied the order of this Court
which he has undertaken to comply at the time of grant of bail
i.e. the opposite party no. 02 has undertaken to deposit Rs.
2,80,000/-.
3. In view of the prayer made on behalf of the
petitioner, this application is disposed of with liberty to the
Patna High Court CR. MISC. No.27799 of 2013(9) dt.13-03-2026
2/2
petitioner to move the concerned Court below and if the Court
below finds that the opposite party no. 02 has not returned Rs.
2,80,000/- then the Court below will cancel the bail granted to
the opposite party no. 02.
(Sandeep Kumar, J)
Vikas/-
U
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