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2019 DAILYLAW 2142 (PAT)

Kameshwar Prasad Singh v. The State of Bihar

MJC/5408/2019 · 2026-08-19

Ritesh Kumar

Contempt Petitionbody2019

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.5408 of 2019 In Civil Writ Jurisdiction Case No.14506 of 2017 ====================================================== Kameshwar Prasad Singh Son of Late Ram Anuj Singh Resident of Usha Sadan, Manikchand Talab, Anisabad, Police Station - Gardanibagh, District – Patna. ... ... Petitioner/s Versus 1. The State of Bihar 2. Sri Sanjay Kumar Agrawal Commissioner, Patna Division, Patna. 3. Sri Kumar Ravi Collector-cum-District Magistrate, Patna. 4. Ms. Garima Malik Senior Superintendent of Police, Patna. 5. Sri Kumari/ Satyanandan Additional Collector-cum-Additional District Magistrate (Arms), Patna. 6. Sri Arvind Kumar Gautam Officer-in-charge, Gardanibagh, Police Station - Patna. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raj Shekhar, Adv For the Opposite Party/s : Mr. Sheo Shankar Prasad SC 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 3 19-08-2026 Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the State. 2. The learned counsel for the petitioner submits that the present contempt petition has been filed for non-compliance of order dated 10.09.2018 passed in C.W.J.C. No. 14506 of 2017, whereby the writ petition was disposed of giving liberty to the petitioner to prefer an appeal within a period of two weeks from the date of receipt of the copy of order along with an application for condonation of delay. It was directed that on such appeal being filed, it is expected from the appellate authority to consider the application for condonation of delay, in view of the fact that the writ application was pending before this Court. It was further Patna High Court MJC No.5408 of 2019(3) dt.19-08-2026 2/2 observed that the appellate authority will decide the appeal expeditiously, keeping in view the factual details, under which the petitioner has been compelled to file the present writ petition, preferably within a period of six weeks of expiring. 3. The learned counsel appearing on behalf of the State opposite parties submits that in compliance of order dated 10.09.2018 passed in C.W.J.C. No. 14506 of 2017, the Commissioner, Patna Division disposed of the Arms Appeal No. 181 of 2018 by his order dated 24.01.2020 and remitted the matter back to the concerned District Magistrate to consider the case of the petitioner in accordance with law. He submits that since, the Commissioner, Patna Division has already passed an order on the appeal preferred by the petitioner on 24.01.2020, now no contempt is made out. 4. Having considered the order passed by the Divisional Commissioner, Patna in Arms Appeal No. 181 of 2018 on 24.01.2020, this Court is of the considered opinion that no contempt is made out, therefore the present contempt petition is dismissed. shital/- (Ritesh Kumar, J) U