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Patna High Court

Dharmveer SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court did not interfere with the trial court’s grant of bail but ordered that bail may be cancelled if the accused fail to cooperate as stipulated.

Summary

Petitioner Dharmveer Singh filed an application seeking cancellation of the regular bail granted to three accused (Harsh Kumar, Sanjay Kumar and Pramod Kumar) in a case under Sections 406, 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act. The petitioner alleged that the accused had made false statements in their bail petition and were not cooperating with the investigation, engaging in further unlawful activities. The High Court observed that the trial court had granted provisional bail conditioned on the accused’s cooperation until charges were framed. The Court directed the trial court to monitor compliance and stated that bail could be cancelled if the accused failed to cooperate, either on an application or suo motu. Finding no merit to interfere with the lower court’s order, the High Court disposed of the petition without cancelling the bail.

Issues considered

  • Whether the regular bail granted to the accused should be cancelled on the ground of false averments and non‑cooperation with the trial.

Legislation cited

Subjects

  • bail
  • cancellation of bail
  • false averments
  • co‑operation
  • IPC
  • Negotiable Instruments Act
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 69470 of 2025
                  Arising Out of PS. Case No.-374 Year-2024 Thana- LAHERIMUHALLA District- Nalanda
                 ======================================================
                 Dharmveer Singh S/o- Lalji Prasad Resident of Village - Katru Bigha, Post
                 Bisai Bigha, Eknagersrai, District-Nalanda-801301.

                                                                                  ... ... Petitioner
                                                      Versus
           1.    The State of Bihar Bihar
           2.    Harsh Kumar S/o- Late Birendra Prasad R/o- F.No-204, Sharnam Apt.
                 Hanuman Sharan Ps- Patliputra, Mainpura Patna
           3.    Sanjay Kumar S/o- Late Birendra Prasad R/o- F.No-204, Sharnam Apt.
                 Hanuman Sharan Ps- Patliputra, Mainpura Patna
           4.    Pramod Kumar S/o- Ram Bahadur Mahto R/o- Sitalpur Ps- Dighwara Dist-
                 Saran

                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner       :      Mr. Noushad Khan, Advocate
                 For the Opposite Parties :      Mrs. Anita Kumari, A.P.P
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   05-01-2026                    Heard Mr. Noushad Khan, learned counsel appearing on

                   behalf of the petitioner and Mrs. Anita Kumari, learned A.P.P for the

                   State.

                                2. The present application has been filed for cancellation

                   of regular bail granted to the Opposite Parties no. 2 to 4 by the

                   learned District Additional Sessions Judge-cum-Special Judge,

                   Biharsharif, Nalanda in B.P. No. 775 of 2025 dated 30.06.2025 in

                   connection with Laheri P.S. Case No. 374 of 2024 instituted under

                   Sections 406, 420 of I.P.C and 138 of N.I Act.

                                   3. Learned counsel for the petitioner submits that the

                   opposite parties have made some false averments in their bail petition
             Patna High Court CR. MISC. No. 69470 of 2025(2) dt.05-01-2026
                                                         2/2




                       filed before the court of the Special Judge while giving details of

                       their criminal antecedents. It has also been argued that the opposite

                       parties are not co-operating and are indulging into other unlawful

                       activities.

                                      4. It appears from the impugned order dated 30.06.2025

                       that the opposite parties were granted the privilege of provisional bail

                       till framing of charges on the condition that they would co-operate in

                       the trial. The learned trial court is, thus, directed to ensure that the

                       opposite parties no. 2 to 4 co-operate in the trial and also in the

                       framing of charges and in case of non-cooperation by the opposite

                       parties, the learned court concerned would be at liberty to take steps

                       in accordance with law upon an application for cancellation of bail

                       filed on behalf of the present petitioner and even suo motu.

                                     5. Accordingly, finding no reason to interfere with the

                       impugned order, the present application is disposed of with the

                       aforementioned observations.



                                                 (Soni Shrivastava, J)
vashudha/-

U      T


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