Patna High Court
Manish Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The High Court held that any alleged violation of bail conditions must be addressed by the trial court that granted the bail, and therefore disposed of the present application.
Summary
Manish Kumar Gupta filed an application alleging that the opposite party, Jairam Singh, who had been granted regular bail, was not complying with the bail conditions requiring his physical presence and cooperation in the trial. The petitioner sought the court's intervention to enforce the bail conditions. The court examined whether such enforcement could be sought through the present application or needed to be addressed before the trial court that granted the bail. It held that the appropriate remedy was to approach the concerned trial court, granting the petitioner liberty to do so. Consequently, the court disposed of the present application without further orders.
Issues considered
- Whether the petitioner can enforce the conditions of regular bail through this application before the High Court
- Whether the High Court should direct the trial court to act on alleged bail violations
Subjects
- bail
- violation of bail conditions
- regular bail
- criminal procedure
- application disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6812 of 2025
Arising out of PS. Case No.-791 Year-2022 Thana- CHAPRA TOWN District- Saran
======================================================
Manish Kumar Gupta Son of Manohar Lal Gupta R/o Adda No.1, Bara Telpa,
P.S. - Town Thana Chapra, District - Saran at Chapra 841301.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Jairam Singh Son of Late Mahatam Prasad Resident of Village Gheghata,
P.S. - Chapra Muffasil, District - Saran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Praveen Kumar, Advocate
For the Opposite Party/s: Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 12-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Mr. Praveen Kumar, learned counsel appearing for
the petitioner prays to withdraw the present application in order
to seek his remedy before the Court concerned which has
granted regular bail to the Opposite Party No. 2. In view of the
specific ground of violation of the conditions of bail granted by
order dated 30.11.2024 passed in Bail Petition No. 2082 of 2024
in connection with Chapra Town P.S. Case No. 791 of 2022
wherein he was directed to be physically present on all dates and
co-operate in the trial.
3. It has been specifically submitted that the Opposite
Patna High Court CR. MISC. No.6812 of 2025(3) dt.12-01-2026
2/2
Party No. 2 has not been co-operating in the trial bearing Tr. No.
1304 of 2024 and, thus, it amounts to violation of the conditions
of bail for which the desirable course would be to approach be-
fore the concerned Court which has granted the privilege of reg-
ular bail to the opposite party no.2.
4. In view of the same, the petitioner is granted liberty
to move before the Court concerned and if a ground for viola-
tion of conditions is raised before the Court concerned, the
Court would pass orders in accordance with law and would also
ensure that no delay is caused in the trial on account of non-co-
operation of the Opposite Party No. 2.
5. Accordingly, the present application is disposed off.
(Soni Shrivastava, J)
Vikash/-
U T
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