Patna High Court

Ashok Kumar SinghversusThe State of Bihar

Decided: 11 February 2025
Disposal: DISMISSED
Bench: NAWNEET KUMAR PANDEY

Holding

The bail was cancelled and the application dismissed due to the petitioner's failure to meet the bail condition.

Summary

The petitioner, Ashok Kumar Singh, was granted provisional bail on 11-09-2024 on the condition that he would return the entire money to the informant in four equal monthly installments. He failed to pay even the first installment. The court examined whether the breach of this condition justified revoking the bail. It held that non‑compliance with the bail condition warranted cancellation of the bail bond. Consequently, the provisional bail was recalled and the criminal miscellaneous application seeking its continuation was dismissed.

Issues considered

Whether the provisional bail can be cancelled for failure to comply with the condition of returning money in installments

Subjects

bail
provisional bail
bail conditions
bail cancellation
criminal miscellaneous

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.62857 of 2024
                         Arising Out of PS. Case No.-60 Year-2024 Thana- DESARI District- Vaishali
                  ======================================================
                  Ashok Kumar Singh Son of Late Vishwanath Singh R/o Village- Jaffarabad,
                  P.S.- Desari, District- Vaishali

                                                                                     ... ... Petitioner/s
                                                         Versus
            1.    The State of Bihar Bihar
            2.    Pawan Kumar Pandey Son of Late Janaradan Pandey R/o Kalyanpur, P.S.-
                  Bidupur, District- Vaishali

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Alok Kumar Alok
                  For the Opposite Party/s :        Mr.Madhura Nand Jha
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                  PANDEY
                                        ORAL ORDER

5    11-02-2025                  Heard.

                                 2. The petitioner was granted provisional bail on the

                    assurance that he will return the entire money to the informant

                    in four monthly equal installments but he failed to pay even the

                    first installment out of four monthly equal installments.

                                 3. In the said circumstances, the provisional bail

                    granted to the petitioner by order dated 11-09-2024 is recalled

                    and his bail bonds is cancelled.

                                 4. Accordingly, the present Cr. Misc. Application is

                    dismissed.



                                         (Nawneet Kumar Pandey, J)
A.K.V.//-

U      T

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