Suresh Kumar @ Suresh Prasad Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Suresh Kumar @ Suresh Prasad Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to file an application for cancellation of bail before the Court of the District and Additional Sessions Judge, XXXIII, Patna (the court which granted bail fixing a payment schedule); the learned Court concerned to consider the petition and reach its logical conclusion within three months from the date of filing.

Issue for consideration

Whether the application for cancellation of bail pending in the High Court should be entertained, or whether the petitioner should be permitted to withdraw it and pursue cancellation before the Court of the District and Additional Sessions Judge, XXXIII, Patna, which granted bail subject to a payment schedule.

Court's answer

In view of the non-adherence to the payment schedule fixed by the court that granted bail, it is a desirable course that the cancellation petition be filed before the Court which granted bail to the opposite party by fixing the payment schedule.

Ratio / Principle

The application is disposed of with liberty to the petitioner to file an application for cancellation of bail before the learned Court concerned, which shall consider it and reach its logical conclusion within three months from the date of filing of the cancellation petition.

Detailed headnote1 paragraphs

Cancellation of bail — Patna High Court, Criminal Miscellaneous No.72434 of 2025 (decided 05-01-2026), Soni Shrivastava, J. The petitioner sought withdrawal of his application for cancellation of bail so as to approach the Court of the District and Additional Sessions Judge, XXXIII, Patna, which had granted bail to the opposite party subject to a payment schedule that had not been complied with. Holding that, given such non-adherence, it was desirable that the cancellation petition be filed before the court which granted bail, the High Court disposed of the application with liberty to file the cancellation petition before that court, directing that it be considered and brought to its logical conclusion within three months of filing.

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 DistrictPatna

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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

The State of Bihar

Mathura Prasad Rai S/o Late Harihar Rai R/o vill - Mirzapur, P.s- Sonepur, distt.- Saran at Chapra

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr. Anil Kumar Saxena, Advocate For the Opposite Party/s : Mr. Nagendra Prasad, APP

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CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

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

APP for the State.

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.

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.

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/-

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