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Patna High Court

ABHAY KUMAR JHAversusTHE STATE OF BIHAR

Decided
Disposal
DISPOSED

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/-

U       T


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