Bishwajit Kumar Vs The State Of Bihar — Patna HC (2026) — LawSathi Research

Bishwajit Kumar Vs The State Of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Cr. Misc. No. 8750 of 2014 disposed of with a direction that, if not already disposed of, the Court below shall dispose of the application dated 29.10.2023 in accordance with law; Cr. Misc. No. 25529 of 2017 (in Cr. Misc. No. 28172 of 2013) dismissed as learned counsel had no instructions from his client.

Issue for consideration

Whether the bail granted to opposite party no. 02 by order dated 16.09.2013 in Cr. Misc. No. 28172 of 2013 should be cancelled (Cr. Misc. No. 8750 of 2014). +2 more

Court's answer

Cr. Misc. No. 8750 of 2014 (cancellation of bail) is disposed of with the aforesaid direction to the Court below.

Ratio / Principle

If the Court below has not disposed of the application dated 29.10.2023, it shall be disposed of by the concerned Court below in accordance with law, it being alleged that opposite party no. 02 had not kept his wife.

Key takeaways

Cr. Misc. No. 25529 of 2017 (in Cr. Misc. No. 28172 of 2013), filed for modification of the order dated 16.09.2013, is dismissed, the learned counsel for the petitioner having no instruction from his client.ratio¶34

Detailed headnote1 paragraphs

Patna High Court (Sandeep Kumar, J), by order dated 13-03-2026, disposed of Cr. Misc. No. 8750 of 2014, an application for cancellation of bail granted to opposite party no. 02 (Biswajit Kumar) by order dated 16.09.2013 in Cr. Misc. No. 28172 of 2013, arising out of PS Case No. 1 of 2013 of Mahila P.S., District Bhagalpur. The Court directed that, if not already disposed of, the Court below shall dispose of an application dated 29.10.2023 filed against opposite party no. 02 and others — in which it was alleged that opposite party no. 02 had not kept his wife — in accordance with law. The connected Cr. Misc. No. 25529 of 2017, filed for modification of the order dated 16.09.2013, was dismissed because learned counsel for the petitioner Bishwajit Kumar had no instruction from his client. No statute or precedent was cited and no quantum was involved.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8750 of 2014

Arising Out of PS. Case No.-1 Year-2013 Thana- MAHILA P.S. District- Bhagalpur

======================================================

Subhadra Kumari @ Gunja Kumari W/O Biswajit Kumar Resident Of Village- Santnagar, P.S- Godda, Distt- Godda, Jharkhand And Daughter Of Sri Upendra Dev Shukla, Resident Of Village Surkhikal, Tilkamanjhi, P.S- Barari, Distt- Bhagalpur.

... ... Petitioner/s

Versus

State Of Bihar

Biswajit Kumar S/O Sri Pramod Kumar Dubey Resident Of VillageSantnagar, P.S- Godda, Distt- Godda Jharkhand

... ... Opposite Party/s

====================================================== with CRIMINAL MISCELLANEOUS No. 25529 of 2017 In

CRIMINAL MISCELLANEOUS No.28172 of 2013

======================================================

Bishwajit Kumar Son of Shri Pramod Kumar Dubey resident of Village - Satya Nagar Police Station - Godda, District - Godda.

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 8750 of 2014) For the Petitioner/s : Mr.Ravi Shanker Pankaj For the Opposite Party/s : Mr.Nityanand Tiwaryapp (In CRIMINAL MISCELLANEOUS No. 25529 of 2017) For the Petitioner/s : Mr.Vipin Kumar Singh For the Opposite Party/s : Mr.Sri Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

2 13-03-2026

Re:- Cr. Misc. No. 8750 of 2014.

Heard the parties.

This application has been filed for cancellation of

bail granted to the opposite party no. 02 vide order dated

Patna High Court CR. MISC. No.8750 of 2014(2) dt.13-03-2026 2/2

16.09.2013 passed in Cr. Misc. No. 28172 of 2023.

An application dated 29.10.2023 was filed in the

Court below against the opposite party no. 02 and others.

It is made clear that if the Court below has not disposed of the application dated 29.10.2023 then the same shall be disposed of by the concerned Court below in accordance with law as it is alleged that the opposite party no. 02 had not kept his wife.

With the aforesaid direction, this application is disposed of.

Re:- Cr. Misc. No. 25529 of 2017 and Cr. Misc. No.

28172 of 2013.

Heard the parties.

Though, this application has been filed for modification of the order dated 16.09.2013 passed in Cr. Misc. No. 28172 of 2013 but the learned counsel for the petitioner submits that he has no instruction from his client.

In view of the above, this application is dismissed.

(Sandeep Kumar, J)

Vikas/-

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