Patna High Court
Bir Bahadur Rai @ Bira YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The High Court declined to cancel the regular bail and directed the petitioner to approach the court that granted the bail for relief on the threat allegation.
Summary
Petitioner Bir Bahadur Rai filed an application seeking the cancellation of the regular bail granted to the accused, Tarak Tiwary, by the Additional Sessions Judge, Siwan, on 10-12-2024. The petitioner alleged that the accused had threatened him and the witnesses, and that such threats had been reported to the Superintendent of Police, Siwan, and the local police. The High Court examined the petition and the submissions of counsel for both parties. It declined to interfere with the bail order, directing the petitioner to approach the court that granted the bail for any remedy on the basis of the alleged threats. Consequently, the petition was disposed with liberty to the petitioner to seek appropriate relief from the concerned court.
Issues considered
- What is the appropriate forum and basis for seeking cancellation of a regular bail order on the ground of alleged threats by the accused?
Subjects
- regular bail
- bail cancellation
- threats
- jurisdiction
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19323 of 2025
Arising Out of PS. Case No.-267 Year-2023 Thana- GORIAKOTHI District- Siwan
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Bir Bahadur Rai @ Bira Yadav Son of Late Kokil Rai Resident of Village-
Saidpura, P.S.- Goreakothi, District - Diwan
... ... Petitioner/s
Versus
1. The State of Bihar
2. Tarak Tiwary Son of Late Lal Tiwary Resident of Village-Saidpura, P.S.-
Goreakothi, District - Diwan
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raghav Prasad, Advocate
For the Opposite Party/s : Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 12-01-2026 Heard learned counsel for the petitioner and learned
APP of the State.
2. The petitioner has filed the present application
seeking cancellation of regular bail granted to opposite party no.
2 by the learned Addl. Sessions Judg-II, Siwan vide order dated
10.12.2024 in B.P. No.861 of 2024.
3. In view of the submissions advanced by learned
counsel for the petitioner, the application is disposed with with
liberty to the petitioner to approach the learned Court concerned
which had granted regular bail to the opposite party no.2 for
seeking his remedy primarily on the ground relating to
threatening given by the opposite party no.2 to the petitioner
Patna High Court CR. MISC. No.19323 of 2025(4) dt.12-01-2026
2/2
and the witnesses of this case, with regard to which the
information has also been given to the Superintendent of Police,
Siwan and also to the local police.
4. Accordingly, the present petition is disposed off
with the liberty aforesaid.
(Soni Shrivastava, J)
Harsh/-
U T
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