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Patna High Court

SANTOSH KUMAR SUMAN @ SANTOSH MANJHIversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court stayed the operation of the impugned order dated 12‑02‑2021 with respect to the petitioner.

Summary

The petitioner, Santosh Kumar Suman, a cabinet minister of Bihar, filed an application before the Patna High Court seeking relief from the operation of an order dated 12‑02‑2021 passed by the Chief Judicial Magistrate, Gaya, in PS Case No. 199 of 2017. The petitioner contended that the order and subsequent proceedings adversely affected him and sought a stay of the same. The State was directed to file a counter‑affidavit and to serve a copy of the petition on the learned Additional Public Prosecutor, Shri Jharkhandi Upadhyay. The Court stayed the operation of the impugned order with respect to the petitioner while allowing proceedings against other co‑accused to continue. The Court also ordered the registry to print the name of the APP in the cause title and warned that failure to serve the copy would result in dismissal of the application. Consequently, the petition for stay was granted.

Issues considered

  • Whether the operation of the impugned order dated 12‑02‑2021 should be stayed with respect to the petitioner, a cabinet minister
  • Whether the State must file a counter‑affidavit and serve the petition on the Additional Public Prosecutor

Subjects

  • stay of criminal proceedings
  • high court order
  • ministerial immunity
  • procedural law
  • counter affidavit

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43944 of 2021
                       Arising Out of PS. Case No.-199 Year-2017 Thana- BODHGAYA District- Gaya
                 ======================================================
                 SANTOSH KUMAR SUMAN @ SANTOSH MANJHI Son of Sri Jitan Ram
                 Manjhi Resident of Village - Godawari, P.S.- Vishnupad, Distt.- Gaya at
                 Present Cabinet Minister, Minor Irrigation Department and Schedule Caste
                 and Schedule Tribe Welfare Department, Govt. of Bihar, Patna.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ritika Rani
                 For the Opposite Party/s :       Mr.A.G
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   20-03-2025                     Heard the learned counsel for the petitioner and

                   learned APP for the State Shri Jharkhandi Upadhyay.

                                2. The State is directed to file counter affidavit in this

                   matter before the next date of hearing.

                                3. List this case after six weeks.

                                4. During pendency of this application, operation of

                   the impugned order dated 12.02.2021 passed by the learned

                   Chief Judicial Magistrate, Gaya in Bodh Gaya P.S. Case No.

                   199 of 2017 and further proceedings arising out of Bodh Gaya

                   P.S. Case No. 199 of 2017 shall remain stayed with regard to the

                   present petitioner. It is made clear that further proceedings with

                   regard to other co-accused shall continue.
          Patna High Court CR. MISC. No.43944 of 2021(4) dt.20-03-2025
                                                      2/2




                                 5. Learned counsel for the petitioner is directed to

                    serve a copy of the petition upon Shri Jharkhandi Upadhyay,

                    learned APP for the State failing which this application shall

                    stand dismissed without further reference to the Bench.

                                 6. The Office/Registry is directed to print the name of

                    Shri Jharkhandi Upadhyay, learned APP for the State in the

                    cause title.



                                               (Sandeep Kumar, J)
Vikas/-

U


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