Created by Fuzzy Cloud

Patna High Court

Suresh Kumar @ Suresh PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court dismissed the present application but allowed the petitioner to file a fresh cancellation petition for bail.

Summary

The petitioner, Suresh Kumar, sought cancellation of bail granted to the opposite party, Mathura Prasad Rai, on the ground that the payment schedule fixed by the District and Additional Sessions Judge had not been complied with. The petitioner filed an application before the Patna High Court requesting that the bail be cancelled. The learned counsel for the petitioner later asked for withdrawal of the present application and intended to approach the trial court with a fresh cancellation petition. The Court observed that non‑adherence to the payment schedule justified a cancellation petition and therefore disposed of the present application, granting liberty to file a fresh cancellation petition within three months. The application was thus dismissed, but the petitioner was permitted to pursue cancellation of bail before the trial court.

Issues considered

  • Whether bail can be cancelled when the accused fails to comply with the payment schedule fixed by the trial court.

Subjects

  • bail
  • cancellation of bail
  • payment schedule
  • criminal procedure
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72434 of 2025
                 Arising Out of PS. Case No.-10053 Year-2022 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Suresh Kumar @ Suresh Prasad S/o Late Bindeshwari Singh C/o Bhola Rai,
                 Infront of Gate No 69 SBI ATM, Near Kurji, PS- Digha, District- Patna,
                 Permanent resident of Targir, PS- Rajauli, District- Nawada, at present
                 resident of mohalla Budh Vihar, Colony Road, No 2, Near Railway Wall, PS -
                 Rupaspur, District- Patna

                                                                               ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Mathura Prasad Rai S/o Late Harihar Rai R/o vill - Mirzapur, P.s- Sonepur,
                 distt.- Saran at Chapra

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anil Kumar Saxena, Advocate
                 For the Opposite Party/s :      Mr. Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   05-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. After some arguments, learned counsel appearing

                   for the petitioner prays for withdrawal of the present application

                   for cancellation of bail in order to approach the learned Court of

                   the District and Additional Sessions Judge, XXXIII, Patna as the

                   payment schedule fixed by the said court has not been complied

                   with by the opposite parties.

                                3. Considering the said fact of non-adherence to the

                   payment schedule fixed by the learned Court concerned, it

                   would be a desirable course that the cancellation petition be
              Patna High Court CR. MISC. No.72434 of 2025(2) dt.05-01-2026
                                                          2/2




                        filed before the Court which has granted bail to the opposite

                        party by fixing a payment schedule.

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

                        disposed of with liberty to the petitioner to file an application

                        for cancellation of bail which shall be considered by the learned

                        Court concerned reaching to its logical conclusion within a

                        period of three months from the date of filing of the cancellation

                        petition.



                                                  (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.