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Patna High Court

CHANDRA PRAKASH GUPTAversusTHE STATE OF BIHAR

Decided
Disposal
DISPOSED

Holding

A petition alleging violation of bail conditions or supervening circumstances must be filed in the court that granted the anticipatory bail, and the present application is therefore disposed.

Summary

Petitioner Chandra Prakash Gupta filed an application seeking to withdraw his present petition and instead request cancellation of an anticipatory bail that had been granted to respondents No.2 to 6, alleging a supervening circumstance of threats made to an informant. The petitioner argued that the changed circumstances justified revoking the bail. The Court noted that established law requires a party alleging violation of bail conditions or a supervening circumstance to approach the court that originally granted the bail. Accordingly, the Court permitted the petitioner to move before that court and dismissed the present application.

Issues considered

  • Whether the petitioner may withdraw the present application and seek cancellation of anticipatory bail before a different court.
  • Which court has jurisdiction to entertain a petition for cancellation of anticipatory bail on ground of violation of bail conditions or supervening circumstances.

Subjects

  • anticipatory bail
  • supervening circumstance
  • bail conditions
  • jurisdiction
  • withdrawal of application
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10522 of 2024
                        Arising Out of PS. Case No.-91 Year-2023 Thana- PIRBAHOR District- Patna
                 ======================================================
                 Chandra Prakash Gupta S/O- Late Om Prakash Gupta R/O- Bakerganj Gola
                 Road, Shiv Shanti Bhawan, P.S.- Pribahore, Dist.- Patna

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State Of Bihar, Patna
           2.    Manoj Kumar Gupta @ Munna S/O- Late Janak Sao R/O- Bakarbanj Gola
                 Road, P.S.- Pirbhaore, Dist.- Patna
           3.    Mansavi Gupta S/O- Manoj Kumar Gupta R/O- Bakarbanj Gola Road, P.S.-
                 Pirbhaore, Dist.- Patna
           4.    Praveen Kumar Gupta @ Bobby S/O- Akhilesh Kumar Gupta R/O-
                 Bakarbanj Gola Road, P.S.- Pirbhaore, Dist.- Patna
           5.    Amit Kumar S/O- Ashok Kumar Gupta R/O- Bakarbanj Gola Road, P.S.-
                 Pirbhaore, Dist.- Patna
           6.    Alok Kumar S/O- Ashok Kumar Gupta R/O- Bakarbanj Gola Road, P.S.-
                 Pirbhaore, Dist.- Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rajiv Ranjan, Advocate
                 For the Opposite Party/s :        Mr. Pawan Kumar Chaurasia, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   08-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. After some arguments, learned counsel for the

                   petitioner prays for withdrawal of the present application in

                   order to make prayer for cancellation of anticipatory bail before

                   the Court granting such privilege as his primary ground of

                   assailing the order granting bail is supervening circumstance of

                   threatening being given to the informant for withdrawal of the
              Patna High Court CR. MISC. No.10522 of 2024(3) dt.08-01-2026
                                                          2/2




                        present case.

                                     3. It is a settled law that in a situation of any violation

                        of condition of bail or supervening circumstance, the desirable

                        course would be to approach the learned Court concerned which

                        has granted the said privilege and as such, granting liberty to the

                        petitioner to move before the Court which has granted the said

                        privilege of opposite party no.2 to 6, the present application is

                        disposed of.



                                                  (Soni Shrivastava, J)
anand/-

U         T


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