Patna High Court
ANIL PRASAD SINGHversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The anticipatory bail order cannot be cancelled by this Court; the petitioner must approach the court that granted the bail.
Summary
The petitioner filed an application seeking the cancellation of an anticipatory bail order granted to the opposite party No.2 (Vijay Kumar Singh) by the Additional Sessions Judge, Vaishali on 21 September 2019. The petitioner alleged that the bail was obtained by suppressing material facts. The High Court examined the ground of suppression and held that such a grievance must be raised before the court that originally granted the bail. Consequently, the application was dismissed, with liberty granted to the petitioner to approach the concerned Sessions Court for relief. No substantive merits of the bail order were adjudicated by the High Court.
Issues considered
- Whether the anticipatory bail granted to the opposite party can be cancelled on the ground of suppression of material facts by the petitioner
Subjects
- anticipatory bail
- cancellation of bail
- suppression of material fact
- procedural remedy
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11797 of 2021
Arising Out of PS. Case No.-29 Year-2013 Thana- JANDAHA District- Vaishali
======================================================
Anil Prasad Singh S/O Late Ragho Prasad Singh Advocate Patna High Court,
R/O Village And P.O.- Kadil Pur, P.S.- Jandaha, Dist- Vishali. Present
Address- Mhaveer Colony (Near Mahaveer Mandir), P.S.- Beur, District-
Patna-2.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Vijay Kumar Singh S/O -Late Parmanand Singh R/O Vill And P.O. Kadil
Pur P.S. Jandaha District Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kr. Singh, (In person)
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 08-01-2026 Heard learned counsel for the petitioner and learned
APP of the State.
2. The petitioner has filed the present application
seeking cancellation of anticipatory bail granted to the opposite
party no. 2 by the learned Addl. Sessions Judge, Vaishali vide
order dated 21.09.2019 passed in A.B.P. No.2232 of 2019.
3. Mr. Anil Pd. Singh, appearing in person has
assailed the order granting bail to the opposite party no.2 on the
ground of suppression of material fact.
4. For such ground, desirable course would be to
approach the learned Court concerned which had granted
anticipatory bail to the opposite party no.2.
Patna High Court CR. MISC. No.11797 of 2021(3) dt.08-01-2026
2/2
5. In such view of the matter, the application stands
disposed of with liberty to the petitioner to move before Court
concerned which had granted bail to the opposite party no.2.
(Soni Shrivastava, J)
Harsh/-
U T
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