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. anand/- (Soni Shrivastava, J) U T