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Patna High Court

RAKESH MAINIversusTHE STATE OF BIHAR

Decided
Disposal
DISMISSED

Holding

The court granted a two‑week adjournment to the opposite party for filing a counter‑affidavit and stayed the further proceedings of G.R. Case No. 8223 of 2014.

Summary

The petition filed by Rakesk Maini against the State of Bihar and Mukesh Kumar sought relief in a criminal miscellaneous matter. The opposite party requested a two‑week extension to file a counter‑affidavit. The petitioner’s counsel raised no objection to the request. The court, after hearing counsel, granted the adjournment and ordered the matter to be listed for further hearing on 12‑02‑2026. Additionally, the court stayed the further proceedings of G.R. Case No. 8223 of 2014 pending the outcome of the present case.

Issues considered

  • Whether to grant a two‑week extension to the opposite party for filing a counter‑affidavit
  • Whether to stay the further proceedings of G.R. Case No. 8223 of 2014

Subjects

  • adjournment
  • counter affidavit
  • stay of proceedings
  • criminal miscellaneous
  • procedural order

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.61930 of 2024
                         Arising Out of PS. Case No.-738 Year-2017 Thana- KOTWALI District- Patna
                  ======================================================
                  Rakesh Maini Son of Tilak Raj Maini Resident Of Village - 305, Blue
                  Diamond, Juhu Tara Road, P.S. - Santacruz (West), District - Mumbai
                  Saburban
                                                                      ... ... Petitioner/s
                                                Versus
            1.     The State of Bihar
            2.     Mukesh Kumar Son of Late Ram Prasad Sharma Resident of Azad Path,
                   Saristabad, P.S. - Gardanibagh, District - Patna
                                                                    ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Nikhil Kumar Agrawal, Advocate
                  For the Opposite Party/s :        Mr.Uday Pratap Singh, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                        ORAL ORDER

2    29-01-2026                     Heard the learned counsel for the parties.

                                 2. Learned counsel appearing on behalf of the O.P.

                    No. 2 seeks two weeks’ time to file counter affidavit.

                                 3. Learned counsel appearing on behalf of the

                    petitioner has no objection to the same.

                                 4. List this case on 12.02.2026 at 02:15 retaining its

                    position.

                                 5. In the meantime, the further proceedings of G.R.

                    Case No. 8223 of 2014 arising out of Kotwali P.S. Case No. 738 of

                    2017, shall remain stayed.



                                               (Sourendra Pandey, J)
aditya/-
U


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