Patna High Court
Banwari Kumar SinghanikaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
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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