Citation : 2026 Latest Caselaw 326 Jhar
Judgement Date : 20 January, 2026
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 393 of 2025
Bindeshwar Lohra @ Vikash Lohra @ Shavet Shourya Tirkey
... Petitioner
Versus
The State of Jharkhand and Anr. .....Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Ms. Vidhika Saboo, Advocate For the State : Mr. Vishwanth Roy, Spl.P.P. For the O.P. No.2 : Mr. P.P.N. Roy, Sr. Advocate Mrs. Pragati Prasad, Advocate
05/ 20.1.2026: Learned counsel for the petitioner will correct the year of
interlocutory application as I.A. No. 73 of 2026 in place of I.A. No. 73 of 2025
in course of day.
2. I.A. No. 73 of 2026 has been filed for confirmation of provisional
bail granted to the petitioner.
3. Learned counsel for the petitioner submits that the learned
appellate court has affirmed the judgment of the learned trial court whereby the
petitioner has been convicted under section 498A of I.P.C. to undergo S.I. for
two years and fine of Rs. 5,000/- and in default of payment of fine further to
undergo S.I for two months however, the learned appellate court has been
pleased to acquit the petitioner under section 4 of Dowry Prohibition Act. She
further submits that a Co-ordinate Bench of this Court by order dated
07.07.2025 has granted provisional bail to the petitioner for a period of six
months. She further submits that the said period expired on 07.01.2026 and on
06.01.2026 the present I.A has been filed. She further submits that on
07.01.2026 the matter was on Board and on that date the matter was posted for
13.01.2026 and interim order was extended and thereafter it was listed on
13.01.2026 however it was not taken up. She next submits that the petitioner
has not violated any terms and conditions and in view of that provisional bail
may kindly be confirmed.
4. Mr. P.P.N. Roy, learned senior counsel for the O.P. No.2 opposes the
prayer and submits that the period of provisional bail has already expired and no
order has been passed and in view of that the petitioner is required to surrender
before the learned court and pray for bail. He further submits that in the light of
order passed in anticipatory bail, the amount has not been paid to the O.P. No.2
by the petitioner.
5. The Co-ordinate Bench of this Court by order dated 07.07.2025 has
granted provisional bail to the petitioner for a period of six months. On
06.01.2026 the present I.A has been filed. The period of provisional bail has
expired on 07.01.2026. On 07.01.2026 the matter was on Board and on that
date the matter was posted for 13.01.2026 and interim order was extended and
thereafter it was listed on 13.01.2026 however it was not taken up. It has been
pointed out that every week the matter was on Board.
6. In view of above facts, this I.A. is well within time and interim
order was extended on 07.01.2026 and if the matter was not taken up for either
reason that cannot be sole ground not to confirm the provision bail. Thus, there
is nothing perverse against the petitioner and in view of that the provisional bail
granted to the petitioner vide order dated 07.07.2025 is hereby confirmed.
7. I.A. No. 73 of 2026 is allowed and disposed of.
8. So far submission of Mr. P.P.N Roy, learned senior counsel for the
O.P. No.2 that amount in terms of anticipatory bail order is not paid to the O.P.
No.2 by the petitioner is concerned, for that the O.P. No.2 is required to take
appropriate step in accordance with law.
9. Let this matter appear under the appropriate heading.
( Sanjay Kumar Dwivedi, J.)
Dated. 20.01.2026 Satyarthi-
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