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Patna High Court

Dr. Ramit GunjanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted liberty to the petitioner to file a fresh petition under the appropriate provision and disposed of the present application.

Summary

Dr. Ramit Gunjan filed a criminal miscellaneous petition challenging a regular bail granted to Dr. Aashutosh Trivedi and the subsequent order rejecting his prayer for bail cancellation. The petitioner alleged grievance against the order dated 28.11.2024 granting bail and the order dated 21.03.2025 refusing cancellation. The Patna High Court examined whether the petitioner could seek relief against the lower court's decision. The Court held that the petitioner may file a fresh petition under the appropriate legal provision to challenge the bail order. Consequently, the Court granted liberty to file a fresh petition and disposed of the present application.

Issues considered

  • Whether the petitioner is entitled to challenge the regular bail granted to the opposite party under the applicable provisions of law
  • Whether the petitioner may file a fresh petition for cancellation of bail after the lower court's order rejecting his prayer

Subjects

  • bail
  • cancellation of bail
  • criminal miscellaneous
  • fresh petition
  • high court jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.46734 of 2025
                 Arising Out of PS. Case No.-5932 Year-2024 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Dr. Ramit Gunjan S/o- Chandramani Prasad Singh R/o.- Parwati Anand
                 Apartment, Flat 203, West Shivpuri, P.S. - S.K. Puri, Patna

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar Bihar
           2.    Dr. Aashutosh Trivedi S/o- Kapildev Trivedi R/o- Flat No-907, Shanti
                 Niketan East Boring Canal Road Ps- Budha Colony Director of Oro Dental
                 Rai ji Lane East Boring Canal Road Patna Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Vishal Vikram Rana, Advocate
                                                Ms. Misha Bharti, Advocate
                                                Mr. Utkarsh Vikram Rana, Advocate
                                                Mr. Akash Priye, Advocate
                                                Mr. Saurav Dev, Advocate
                 For the Opposite Party/s :     Mr. Sunil Kumar Pandey, A.P.P
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   20-01-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                 2. It appears that the petitioner is aggrieved by an

                   order dated 28.11.2024 by which the regular bail was granted to

                   the Opposite Party No.2 and also by an order dated 21.03.2025

                   which is an order rejecting the prayer made on behalf of the

                   petitioner for cancellation of bail given to the Opposite Party

                   No.2. Since the petitioner has already filed one application for

                   cancellation of bail before the court concerned, and if he is

                   aggrieved by the said order, the said order dated 21.03.2025
             Patna High Court CR. MISC. No.46734 of 2025(3) dt.20-01-2026
                                                         2/2




                       needs to be challenged before this Court under the appropriate

                       provisions of law.

                                    3. Learned counsel for the petitioner is, thus, granted

                       the liberty to file a fresh petition under the appropriate provision

                       of law challenging the order dated 21.03.2025 passed by the

                       court of Additional Sessions Judge-XIV, Patna Sadar in Cr.

                       Misc. No.34 of 2025 arising out of Complaint Case No. 5932 of

                       2024.

                                    4. With such liberty, the present application stands

                       disposed of.



                                                 (Soni Shrivastava, J)
vashudha/-

U      T


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