Patna High Court
CHAND MUHAMMAD @ CHAND MOHAMMADversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is infructuous and therefore stands disposed without granting the relief sought.
Summary
The petitioner, Chand Muhammad, filed a petition under Criminal Miscellaneous No.29308 of 2018 seeking to quash an order dated 16 January 2018 passed by the Sessions Judge, Gopalganj, which refused to confirm his provisional bail and directed him to appear before the court for a compromise, threatening cancellation of his bail bond if no compromise was reached. The petitioner argued that the matter had become infructuous and should be disposed of. The State of Bihar, represented by the Additional Public Prosecutor, raised no objection to the petitioner's prayer. The High Court, after hearing counsel for both sides, observed that the petition was indeed infructuous. Consequently, the Court disposed of the petition without granting any relief. The order effectively left the original bail order untouched and terminated the proceedings on the petition.
Issues considered
- Whether the order of the Sessions Judge directing the petitioner to seek compromise and threatening cancellation of his provisional bail can be quashed
- Whether the petition is infructuous and should be dismissed
Subjects
- provisional bail
- quash order
- infructuous
- criminal procedure
- compromise
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29308 of 2018
Arising Out of PS. Case No.-134 Year-2017 Thana- BARAULI District- Gopalganj
======================================================
Chand Muhammad @ Chand Mohammad S/o Rajab Mian, R/o Vill.-
Kolerahi, P.S.- Bhore, Distt.- Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Subuk Tara W/o Chand Muhamad, D/o Abdul Majid, R/o Vill.- Ratan Saray,
P.S.- Barauli, Distt.- Gopalganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sushil Kumar, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
4 19-02-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. This petition has been filed for quashing the order
dated 16.01.2018 passed by learned Sessions Judge, Gopalganj
in B.P. No. 1282 of 2017 by which the learned Court did not
confirm the provisional bail granted to the petitioner and
directed him to go before the Court concerned with compromise
and if the petitioner does not compromise, his bail bond shall be
cancelled by the court concerned.
3. Learned counsel for the petitioner submits that this
case may be disposed as it has become infructuous.
4. Learned A.P.P. for the State has no objection to this
Patna High Court CR. MISC. No.29308 of 2018(4) dt.19-02-2026
2/2
prayer of the petitioner.
5. In view of the submissions of learned counsels for
the parties, this case stands disposed of as it has become
infructuous.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
Checking your session…