Patna High Court
MANKI DEVI @ MOST. MANKI DEVIversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
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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