Patna High Court
ABHAY KUMAR JHAversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The application for cancellation of anticipatory bail is dismissed; the petitioner must approach the court that granted the bail.
Summary
The petitioner, Abhay Kumar Jha, filed an application seeking cancellation of the anticipatory bail granted to the opposite party, Shyameshwar Prasad Singh, by the Additional Sessions Judge. The ground alleged was suppression of facts concerning the accused's criminal antecedents. The Patna High Court examined whether such cancellation could be entertained by it. The Court held that the appropriate remedy is to approach the court that originally granted the bail. Consequently, the application was dismissed with liberty to the petitioner to move before the concerned court.
Issues considered
- Can the High Court cancel anticipatory bail on the ground of suppression of facts regarding the accused's criminal antecedent?
- Is the appropriate forum for seeking cancellation the court that originally granted anticipatory bail?
Subjects
- anticipatory bail
- cancellation
- criminal antecedent
- jurisdiction
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21499 of 2024
Arising Out of PS. Case No.-3973 Year-2022 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
ABHAY KUMAR JHA SON OF PUNYA NAND JHA RESIDENT OF SHRI
RAM PATH, SARISTABAD, P.O. - ANISABAD, P.S. - GARDANIBAGH,
DISTRICT - PATNA
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. SHYAMESHWAR PRASAD SINGH SON OF LATE KAPILDEV SINGH
RESIDENT OF VILLAGE - GOBINDPUR, P.O. - DATIYANA, P.S. -
VIKRAM, DISTRICT - PATNA
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raja Ram Mishra, Advocate
For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 12-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This application has been preferred against the
order dated 22.08.2023 passed by the learned Additional
Sessions Judge-XVII, Patna in A.B.P. No.10091 of 2022 by
which the opposite party no.2 was granted anticipatory bail.
3. The ground for cancellation of bail is suppression
of facts with regard to criminal antecedent of opposite party
no.2, for which the desirable course would be to move before
the learned Court concerned who had granted anticipatory bail
to the opposite party no.2.
Patna High Court CR. MISC. No.21499 of 2024(5) dt.12-01-2026
2/2
4. Accordingly, this application is disposed of with the
liberty aforesaid.
(Soni Shrivastava, J)
Trivedi/-
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