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Patna High Court

SANJEEV KUMAR @ GUDDU @ GUDDU KUMARversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The application is dismissed because the trial remains stayed despite the progress made in witness examination.

Summary

The petitioner, Sanjeev Kumar, filed an application before the Patna High Court seeking relief in a criminal miscellaneous proceeding. The Court had earlier ordered a status report on the trial, which showed that charges were framed on 14 March 2023 and two witnesses, including the informant/victim, had been examined in 2023 and 2024. However, the trial was stayed by the Court’s order dated 18 March 2025. Despite the advanced stage of the trial, the petitioner failed to appear or present counsel for the application. The State’s counsel and counsel for the second opposite party were present. Considering that the stay remained in effect and the trial could not proceed, the Court dismissed the application.

Issues considered

  • What relief, if any, should be granted to the petitioner concerning the stay of the criminal trial?

Subjects

  • criminal trial
  • stay of trial
  • status report
  • charges framed
  • witness examination
  • application dismissed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30546 of 2021
                      Arising Out of PS. Case No.-7 Year-2019 Thana- MAHILA P.S. District- Bhojpur
                 ======================================================
                 SANJEEV KUMAR @ GUDDU @ GUDDU KUMAR Son of Bhagwan Das
                 Sah Resident of Village - Darhara, P.S.- Ara Town, Distt.- Bhojpur.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar Bihar
           2.    Shobha Devi W/o Satish Kumar Resident of Village - Darhara, Near
                 Hanuman Temple, New Colony, Hanuman Tola Bhojpur Ara.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       None.
                 For the Opposite Party/s :       Mr. A.G.
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

8   09-01-2026                   In spite of repeated calls, none appeared on behalf of

                   the petitioner to press this application. However, learned APP

                   for the State and learned counsel for the opposite party no.2 are

                   present before the Court.

                                2. It appears that vide order dated 23.09.2025, this

                   Court had directed to submit the status report regarding the

                   stage of the trial and, in compliance thereof, a report dated

                   06.10.2025 has been received and is on record. A bare perusal of

                   the report would show that in present case charges have already

                   been framed on 14.03.2023 and, thereafter, two witnesses

                   including the informant/victim of the case have already been

                   examined in the year 2023 and 2024 but the trial could not
            Patna High Court CR. MISC. No.30546 of 2021(8) dt.09-01-2026
                                                        2/2




                      proceed on account of the stay granted by this Court vide order

                      dated 18.03.2025.

                                   3. Taking into consideration the advance stage of the

                      case in trial where witnesses are being examined, the present

                      application stands dismissed.


                                                (Soni Shrivastava, J)

Trivedi/-

U       T


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