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Patna High Court

Bir Bahadur Rai @ Bira YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                 ======================================================
                 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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