Created by Fuzzy Cloud

Patna High Court

MANSHI MANJHI @ MANSHI MAJHIversusThe State of Bihar

Decided
Disposal
DISPOSED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.