Patna High Court
Suresh Kumar @ Suresh PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
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
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