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Patna High Court

SANJAY YADAVversusThe State of Bihar

Decided
Disposal
DISMISS FOR NON-PROSECUTION

Holding

The application for cancellation of bail is dismissed for non‑prosecution.

Summary

The petitioner, Sanjay Yadav, filed an application seeking cancellation of bail that had been granted to accused No.2, Deepak Kumar, on 19 January 2021. The court had earlier given the petitioner's counsel a three‑week peremptory period to rectify procedural defects, but no steps were taken and no counsel appeared on the hearing date. The State’s counsel was present, but the petitioner’s side was absent. Observing that the matter was old and the petitioner appeared to have lost interest, the court dismissed the application on the ground of non‑prosecution. Consequently, the bail order remained in force.

Issues considered

  • Whether the bail granted to the accused can be cancelled on the basis of the petitioner's application
  • Whether failure to appear and rectify procedural defects warrants dismissal of the application

Subjects

  • bail
  • cancellation of bail
  • non‑prosecution
  • criminal miscellaneous
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.53168 of 2021
                 Arising Out of PS. Case No.-106 Year-2020 Thana- KUMAR KHAND District- Madhepura
                 ======================================================
                 Sanjay Yadav Son Of Mahendra Yadav Resident Of Village- Ramganj P.S.
                 Kumarkhand Dist. Madhepura
                                                                     ... ... Petitioner/s
                                               Versus
           1.     The State of Bihar
           2.    Deepak Kumar Son Of Late Laldhari Yadav Resident Of Village- Ramganj,
                 P.S. Kumarkhand District Madhepura
           3.    Tej Narayan Yadav Son Of Krishna Mohan Yadav Resident Of Village-
                 Ramganj, P.S. Kumarkhand District Madhepura
           4.    Damoder Yadav Son Of Late Laldhari Yadav Resident Of Village- Ramganj,
                 P.S. Kumarkhand District Madhepura
           5.     Sushil Yadav Son Of Rajo Yadav R/O Village- Barrahkhurba P.S.
                  Kumarkhand District Madhepura
                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    None
                 For the Opposite Party/s :    Mr.Tapeshwar Sharma
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   05-02-2026                  Three weeks’ peremptory time vide order dated

                   09.01.2026 had been granted to the learned counsel for the

                   petitioner for removal of defects.

                                2. Office notes shows that no steps had been taken by

                   the learned counsel for the petitioner for removal of the defects

                   and no one is even appearing on behalf of the petitioner on call

                   today. However, learned APP for the State is present. The

                   present application involves the issue of cancellation of bail

                   granted to the opposite party no. 2 by an order dated

                   19.01.2021.
             Patna High Court CR. MISC. No.53168 of 2021(4) dt.05-02-2026
                                                         2/2




                                    3. Since it is an old matter, it seems that the petitioner

                       has lost interest in the case, in such view of the matter, the

                       present application is dismissed for non-prosecution.



                                                 (Soni Shrivastava, J)
devendra/-

U


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