Created by Fuzzy Cloud

Patna High Court

DAMODAR TIWARIversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The application for cancellation of bail was dismissed.

Summary

Damodar Tiwari filed an application seeking cancellation of the bail granted on 17‑08‑2022 by the Sessions Judge, Rohtas, to Amit Kumar (opposite party no.2). The petitioner argued that the trial had progressed and the complainant had been examined as a witness. The High Court noted the progress of the trial and found no justification to revoke the bail. Consequently, the application for cancellation of bail was disposed of, with the Court directing the trial court to expedite the remaining proceedings.

Issues considered

  • Whether the bail granted to the accused should be cancelled in view of the trial progress

Subjects

  • bail cancellation
  • criminal procedure
  • trial expeditious
  • High Court
  • application disposal

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.71303 of 2022
                      Arising Out of PS. Case No.-1153 Year-2018 Thana- ROHTAS COMPLAINT CASE
                                                       District- Rohtas
                  ======================================================
                  DAMODAR TIWARI S/o Ram Pavesh Tiwari R/o Village- Suara, P.S.-
                  Baghaila, Distt- Rohtas.
                                                               ... ... Petitioner/s
                                           Versus
            1.     The State of Bihar
            2.     Amit Kumar @ Amit Kumar Gupta S/o Jagnath Sah R/o Village- Tilauthu,
                   P.S.- Tilauthu, Distt- Rohtas.
                                                                 ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Brij Bihari Tiwary,Advocate
                  For the Opposite Party/s :      Mr. Brajendra Nath Pandey, APP
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

3    06-01-2026                   Heard learned counsel for the petitioner and learned

                    APP for the State.

                                 2. The present application for cancellation of bail has

                    been filed against the order dated 17.08.2022 passed by the

                    learned Sessions Judge, Rohtas at Sasaram whereby and

                    whereunder the bail was granted to the opposite party no.2.

                                 3. Learned counsel for the petitioner informs this

                    Court that the trial of the case has progressed and the

                    complainant has also been examined as a witness.

                                 4. In such view of the matter, this application is

                    disposed of with a direction to the learned Trial Court to

                    expedite the trial.


                                               (Soni Shrivastava, J)
anand/-
U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.