Vijay Kumar Bhadani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72039 of 2024 In CRIMINAL REVISION No.175 of 2021 Arising Out of PS. Case No.-208 Year-1995 Thana- JAHANABAD District- Jehanabad ====================================================== Vijay Kumar Bhadani Son of Late Sohrai Ram R/O Jehanabad, P.S.- Jehanabad, Dist.- Jehanabad.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Ram Jee Prasad Sharma, Branch Manager Magadh Central Co-operative Bank, Jehanabad ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Ms. Vaishnavi Singh, Advocate For the State :

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-11-2025 Learned counsel for the petitioner has placed before this Court a copy of the order dated 20.02.2023 passed by the Hon'ble Supreme Court in Petition for Special Leave to Appeal (Crl.) No. 1390 of 2023.

2. On going through the said order, it appears that the Hon'ble Supreme Court has been pleased to observe as under:- "This Court is of the opinion that instead of prolonging the issue further and investigating the medical condition of the petitioner, it would be in the fitness of things that the High Court considers the question of appropriateness of probation instead of the sentence awarded having regard to the admitted facts of this case and the concurrent findings against him. In these circumstances, the petitioner/ applicant requests that

Patna High Court CR. MISC. No.72039 of 2024(8) dt.14-11-2025 2/2 he may be permitted to move an application for probation under Sections 3/4 of The Probation Of Offenders Act, 1958. In case such an application is made, the High Court shall consider the same appropriately imposing such conditions as are necessary including directing payment of suitable fine and compensation along with imposing a reasonable period of probation.

In these peculiar circumstances, the petitioner's application will be entertained, irrespective of his request for exemption from surrender. The probation application may be decided on merits regardless on the merits of the application for exemption from surrender. The special leave petition is disposed of on the above terms.

All pending applications are disposed of."

3. Keeping in view the aforesaid observations and directions of the Hon'ble Supreme Court, the Criminal Revision No. 175 of 2021 is restored to its original file.

4. Now, Criminal Revision No. 175 of 2021 shall be placed before appropriate Bench as per roster after seeking permission of Hon'ble the Acting Chief Justice.

5. This application stands disposed of.

(Rajeev Ranjan Prasad, J) lekhi/- U