Patna High Court
MANSHI MANJHI @ MANSHI MAJHIversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The High Court directed the Additional District and Sessions Judge‑cum‑Special Judge, SC/ST, West Champaran to dispose of the bail‑cancellation application within six weeks.
Summary
Manshi Manjhi filed an application seeking cancellation of the anticipatory bail that had been granted to Deepak Srivastav, Kishu Kumar and Nilam Devi under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The bail had been ordered by the Additional District and Sessions Judge‑cum‑Special Judge, SC/ST, West Champaran on 24 March 2023. The petitioner argued that the bail‑cancellation application was still pending before the lower court. The Patna High Court, after hearing counsel for both sides, directed the lower court to dispose of the bail‑cancellation application within six weeks of receipt of the order. No substantive merits of the bail cancellation were decided; the order was purely procedural.
Issues considered
- Whether the High Court can direct the lower court to dispose of a pending application for cancellation of anticipatory bail within a specified time
Legislation cited
Subjects
- anticipatory bail
- cancellation of bail
- SC/ST Act
- procedural direction
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56099 of 2023
Arising out of PS. Case No.-1 Year-2021 Thana- SC/ST BETTIAH District- West Champaran
======================================================
Manshi Manjhi @ Manshi Majhi S/o Late Shivlochan Majhi R/o Village- Ko-
traha, P.S- Nautan, Distt.- West Champaran, Bihar- 845459.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Deepak Srivastav, S/o Late Adaya Prasad, R/o Village- Mangalpur, P.S-
Nautan, Distt.- West Champaran, Bihar- 845459.
3. Kishu Kumar S/o Deepak Srivastav R/o Village- Mangalpur, P.S- Nautan,
Distt.- West Champaran, Bihar- 845459.
4. Nilam Devi W/o Deepak Srivastav R/o Village- Mangalpur, P.S- Nautan,
Distt.- West Champaran, Bihar- 845459.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Gupta, Advocate
For the Opposite Party/s: Mr. Usha Kumari 1, Spl. PP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 16-01-2026 Heard learned counsel for the petitioner and learned
Special Public Prosecutor for SC/ST Act.
2. The present application for cancellation of bail has
been filed against the order dated 24.03.2023 passed by the
learned Court of Additional District and Sessions Judge-cum-
Special Judge, SC/ST, West Champaran, Bettiah in connection
with SC/ST P.S. Case No. 01 of 2021 whereby and whereunder
anticipatory bail was granted to the Opposite Parties No. 2 to 4.
3. Learned counsel for the petitioner submits that the
application for cancellation of bail to Opposite Parties No. 2 to 4
Patna High Court CR. MISC. No.56099 of 2023(5) dt.16-01-2026
2/2
is still pending consideration in Court below.
4. In such view of the matter, the Court of Additional
District and Sessions Judge-cum-Special Judge, SC/ST, West
Champaran, Bettiah is directed to dispose of the application
filed on behalf of the petitioner who is the informant of this case
within a period of six weeks of receipt of the present order.
(Soni Shrivastava, J)
Vikash/-
U T
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