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Patna High Court

MANKI DEVI @ MOST. MANKI DEVIversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

An application for cancellation of bail must be filed before the court that granted anticipatory bail; the present application is therefore dismissed.

Summary

Manki Devi filed an application seeking cancellation of bail that had been granted to accused No.2‑5 by the District and Sessions Judge, Madhubani, alleging that supervening threats were being made against her and her family. The petition was filed before the Patna High Court. The Court examined whether it had jurisdiction to entertain a cancellation of bail when the accused had also been granted anticipatory bail by another court. It held that the proper forum for raising cancellation of anticipatory bail is the court that originally granted that bail. Accordingly, the petitioner was directed to approach the concerned court, and the present application was disposed.

Issues considered

  • Whether the High Court can entertain an application for cancellation of bail when the accused have been granted anticipatory bail by another court
  • Whether the petitioner should approach the court that granted anticipatory bail for cancellation

Subjects

  • bail
  • anticipatory bail
  • cancellation of bail
  • jurisdiction
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2171 of 2022
                    Arising Out of PS. Case No.-318 Year-2020 Thana- BASOPATTI District- Madhubani
                 ======================================================
                 MANKI DEVI @ MOST. MANKI DEVI Wife of Late Rajendra Yadav
                 Resident of Village - Viratpur, P.S. - Basopatti, District - Madhubani.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Laxmi Yadav @ Neta Jee Son of Late Dukhi Yadav Resident of Village -
                 Viratpur, P.S. - Basopatti, District - Madhubani.
           3.    Ramchandra Yadav Son of Late Jebi Yadav Resident of Village - Viratpur,
                 P.S. - Basopatti, District - Madhubani.
           4.    Sitamber Yadav Son of Ramchandra Yadav Resident of Village - Viratpur,
                 P.S. - Basopatti, District - Madhubani.
           5.    Ranjeet Yadav Son of Pitamber Yadav Resident of Village - Viratpur, P.S. -
                 Basopatti, District - Madhubani.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gagan Deo Yadav, Advocate
                                          :       Mr. Ravi Prakash, Advocate
                 For the Opposite Party/s :       Mr. A.G
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   30-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The present application for cancellation of bail has

                   been filed against the order dated 18.11.2021 passed by the

                   learned Court of District and Sessions Judge, Madhubani,

                   whereby and whereunder the bail was granted to the opposite

                   parties no.2 to 5.

                                 3. Learned counsel for the petitioner submits that the

                   ground relates to supervening circumstance of threatening the
              Patna High Court CR. MISC. No.2171 of 2022(4) dt.30-01-2026
                                                          2/2




                        petitioner and other family members as specifically has been

                        stated in paragraph nos.11 and 12 of the cancellation petition.

                                     4. For urging such grounds, the desirable course

                        would be to move before the concerned Court which has granted

                        privilege of anticipatory bail to the opposite parties no.2 to 5.

                                     5. In such view of the matter, the petitioner is granted

                        liberty to raise the issues before the Court concerned which has

                        granted anticipatory bail to the opposite parties no.2 to 5.

                                     6. With the aforesaid liberty, this application is

                        disposed of.



                                                  (Soni Shrivastava, J)
anand/-

U         T


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