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Patna High Court

Manish Kumar SharmaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court stayed the operation of the Executive Magistrate’s order until the eviction suit No. 165 of 2020 and title suit No. 496 of 2022 are disposed of.

Summary

The petitioner, Manish Kumar Sharma, filed an application seeking modification of an earlier order dated 11 November 2025. The High Court considered the request to stay the operation of an order dated 21 March 2023 passed by the Executive Magistrate of Jagdishpur, which pertained to a miscellaneous criminal case. The Court allowed the application, directing that the magistrate’s order remain stayed until the pending civil eviction suit No. 165 of 2020 and title suit No. 496 of 2022 are disposed of by the Sub‑Judge‑I, Jagdishpur. The Sub‑Judge‑I was further instructed to hear the civil suits on a day‑to‑day basis and to decide them promptly. A copy of the order was to be communicated to the District Judge, Bhojpur for compliance.

Issues considered

  • Whether the order dated 21‑03‑2023 passed by the Executive Magistrate should be stayed pending the disposal of the civil eviction and title suits.

Subjects

  • stay of execution
  • modification of order
  • eviction suit
  • title suit
  • executive magistrate
  • civil litigation
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6885 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.50760 of 2025
                  Arising Out of PS. Case No.-1995 Year-2022 Thana- SAMASTIPUR COMPLAINT CASE
                                                    District- Samastipur
                 ======================================================
                 Manish Kumar Sharma S/o Shivnath Sharma Resident of Village- Marachi
                 Vikhan Chak Tola, PS- Bachwara, Dist- Begusarai

                                                                            ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Sushila Kumari W/o Manish Kumar Sharma, D/o Yogendra Sharma R/o
                 Angarghat, P.s.- Angarghat, Distt.- Samastipur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Raja Ram Mishra, Adv
                 For the Opposite Party/s :    Mr.Akshay Lal Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State,

                                2. The present application has been filed for

                   modification of order dated 11.11.2025 for the reasons

                   mentioned in the petition, the same is allowed. The operation of

                   the impugned order dated 21.03.2023 passed by the Executive

                   Magistrate, Jagdishpur, Bhojpur in Miscellaneious Case no. 06

                   of 2020// Trial no. 20 of 2022 shall remain stayed till the

                   disposal of Eviction Suit No. 165 of 2020 and Title Suit No.

                   496 of 2022, which is pending before the Sub-Judge-I

                   Jagdishpur, Bhojpur.
        Patna High Court CR. MISC. No.6885 of 2026(2) dt.16-02-2026
                                                    2/2




                               3. The Sub-Judge-I, Bhojpur is directed to hear the

                  case on day to day basis and decide the same.

                                 4. Let a copy of this order be communicated to the

                  District Judge, Bhojpur through FAX or e-mail for its

                  compliance.

                                              5. This application is allowed.



                                             (Sandeep Kumar, J)
N.K/-

U


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