Patna High Court
CHANDRA PRAKASH GUPTAversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
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
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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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