Patna High Court
Rahul RamaswamiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The application for cancellation of anticipatory bail was disposed of as the petitioner withdrew it.
Summary
The petitioner filed an application seeking cancellation of anticipatory bail that had been granted to Opposite Party No.2 by the District and Additional Sessions Judge. The petitioner alleged that the opposite party had violated an undertaking to pay Rs. 65,33,000 to the successor of Saryu Prasad Singh in a partition suit. During the hearing, the petitioner withdrew the application, reserving the right to file a fresh application for the alleged breach. The court noted the withdrawal and, without addressing the merits, disposed of the application. Consequently, the request to cancel the anticipatory bail was not entertained.
Issues considered
- Whether the court should entertain the application for cancellation of anticipatory bail.
- Whether the petitioner’s withdrawal of the application affects the proceedings.
Subjects
- anticipatory bail
- cancellation of bail
- withdrawal of application
- undertaking breach
- partition suit
- civil liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83444 of 2024
Arising out of PS. Case No.-4839 Year-2023 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Rahul Ramaswami S/o Late Saryug Prasad Singh Resident of House No. 3,
Ram Lagni Nilayam, Atal Path, Behind Laxmi Inn, East Boring Canal Road,
P.S- Buddha Colony, Town and Distt.- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ranjan Kumar Meritia S/o Sri Kailash Chand Director M/S Medhatiya Con-
struction Co. Pvt. Ltd., Ground Floor, Vasudeo City Opp. Raj Hans, Guest
House, Beni Babu Ka Bagicha Rajendra Path, Patna-01.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nagadeo Choubey, Advocate
For the State : Mr. Satyendra Prasad, APP
For the O.P. No. 2 : Mr. Dinesh Singh, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 13-01-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the Opposite Party No. 2.
2. The present application for cancellation of anticipa-
tory bail has been filed against the order dated 08.10.2024
passed by the learned Court of District and Additional Sessions
Judge-I, Patna in A.B.P. No. 3664 of 2024 whereby and where-
under anticipatory bail was granted to the opposite party no. 2.
3. After some arguments, learned counsel for the peti-
tioner prays for withdrawal of the present application reserving
his right to file an appropriate application before the Court con-
cerned for violation of undertaking given by Opposite Party No.
Patna High Court CR. MISC. No.83444 of 2024(4) dt.13-01-2026
2/2
2 to pay an amount of Rs. 65,33,000/- to the successor of Saryu
Prasad Singh in whose favour the Title Partition Suit No. 821 of
2013 is decided.
4. With the aforesaid liberty, this application is dis-
posed off.
(Soni Shrivastava, J)
Vikash/-
U T
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