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Patna High Court

Banwari Kumar SinghanikaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The application for cancellation of anticipatory bail was disposed of, with the petitioner directed to approach the court that granted the bail.

Summary

The petitioner, Banwari Kumar Singhanika, filed an application seeking cancellation of the anticipatory bail granted to the second opposite party, Dinanath Tiwari, by the District and Sessions Judge, Bhagalpur, on 24 July 2023. The petitioner alleged that the bail‑granted party had undertaken to pay Rs.15,000 per month and to repay Rs.27 lakh, but had failed to make any payment, thereby breaching his undertaking. The learned counsel for the petitioner argued that this breach justified revoking the anticipatory bail. The Court observed that the petitioner was entitled to approach the court that had originally granted the bail to raise his grievance. Consequently, the Court disposed of the present application, granting the petitioner liberty to move before the concerned court for appropriate relief.

Issues considered

  • Whether anticipatory bail can be cancelled on account of the bail‑granted party’s alleged breach of a financial undertaking.

Subjects

  • anticipatory bail
  • cancellation of bail
  • breach of undertaking
  • criminal procedure
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28205 of 2024
                   Arising Out of PS. Case No.-305 Year-2023 Thana- BHAGALPUR KOTWALI District-
                                                        Bhagalpur
                 ======================================================
                 Banwari Kumar Singhanika Son of Late Ramavtar Singhanika Resident of
                 village jain Mandir Lane Sujagani Bhagalpur PS Kotwali, District- Bhagalpur

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Dinanath Tiwari Son of Late Brahmdeo Tiwari Resident of Village- Ashani,
                 Police Station- Ekma, District- Saran (Chapra), at present resident of
                 Mohalla- Mundichak, N.C. Chatterji Road, Bhagalpur, Police Station-
                 Kotwali (Tilkamanjhi), District- Bhagalpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Dilip Kumar, Advocate
                 For the Opposite Party/s :     Mr. Upendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   08-01-2026                  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 24.07.2023 passed by the

                   learned Court of District and Sessions Judge-5th, Bhagalpur

                   whereby and whereunder the anticipatory bail was granted to

                   the opposite party no.2.

                                3. The learned counsel for the petitioner has filed the

                   present petition for cancellation of anticipatory bail granted to

                   the opposite party no.2 on the ground that despite having given

                   an undertaking to pay Rs.15,000/- monthly to the petitioner
              Patna High Court CR. MISC. No.28205 of 2024(4) dt.08-01-2026
                                                          2/2




                        and having showed his willingness to pay back Rs.27 lakh to the

                        petitioner, he has not made any steps towards making any such

                        payment.

                                     4. In such view of the matter, he has flouted his own

                        undertaking and as such, the petitioner is granted the liberty to

                        move before the Court concerned which had granted the

                        privilege of anticipatory bail in order to agitate his grievance

                        which would be taken into consideration by the Court concerned

                        and the orders may be passed in accordance with law.

                                     5. With the aforesaid liberty, this application is

                        disposed of.



                                                  (Soni Shrivastava, J)
anand/-

U         T


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