Patna High Court
Birendra Kumar Singh @ Birendra KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The High Court allowed the petition and stayed the Executive Magistrate’s order until the eviction suit No. 165 of 2020 and title suit No. 496 of 2022 are disposed of.
Summary
Petitioner Birendra Kumar Singh filed a petition in the Patna High Court seeking modification of an order dated 7 February 2024 that had upheld an earlier order of the Executive Magistrate dated 21 March 2023 in Miscellaneous Case No. 06 of 2020/Trial No. 20 of 2022. The petitioner contended that the magistrate’s order should not be enforced while two related civil suits—an eviction suit (No. 165 of 2020) and a title suit (No. 496 of 2022)—were pending before the Sub‑Judge‑I, Jagdishpur. The Court examined whether a stay could be granted pending the resolution of those suits. It held that the magistrate’s order would remain stayed until the civil suits are disposed of, and directed the Sub‑Judge‑I to hear the matters on a day‑to‑day basis. The order was communicated to the District Judge, Bhojpur for compliance. The application was allowed.
Issues considered
- Whether the order of the Executive Magistrate dated 21.03.2023 can be stayed pending the disposal of the pending eviction and title suits
- Whether the High Court can modify the earlier order dated 07.02.2024 in view of the pending civil proceedings
Subjects
- stay of execution
- modification of order
- civil suit pending
- eviction suit
- title suit
- executive magistrate
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55943 of 2025
In
CRIMINAL MISCELLANEOUS No.32524 of 2023
======================================================
Birendra Kumar Singh @ Birendra Kumar S/O Late Radha Kishun Singh @
Radhakrishan Prasad R/O Village and P.O- Sahpur, P.S and Anchal- Sahpur,
Distt.- Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sampat Kumar Singh S/O Late Yogi Yadav R/O Village and P.O- Sahpur, P.S
and Anchal- Sahpur, Dist.- Bhojpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Parth Gaurav,Adv
For the Opposite Party/s : Mr.Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State,
2. The present application has been filed for
modification of order dated 07.02.2024 for the reasons
mentioned in the petition, the same is allowed. The operation of
the impugned order dated 21.03.2023 passed by the Executive
Magistrate, Jagdishpur, Bhojpur in Miscellaneious Case no. 06
of 2020// Trial no. 20 of 2022 shall remain stayed till the
disposal of Eviction Suit No. 165 of 2020 and Title Suit No.
496 of 2022, which is pending before the Sub-Judge-I
Jagdishpur, Bhojpur.
3. The Sub-Judge-I, Bhojpur is directed to hear the
Patna High Court CR. MISC. No.55943 of 2025(3) dt.10-02-2026
2/2
case on day to day basis and decide the same.
4. Let a copy of this order be communicated to the
District Judge, Bhojpur through FAX or e-mail for its
compliance.
5. This application is allowed.
(Sandeep Kumar, J)
N.K/-
U T
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