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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court held that the application for cancellation of bail must be filed before the court that granted the anticipatory bail, not before the High Court.

Summary

Manish Kumar filed an application seeking cancellation of the bail granted to Satish Kumar by the Additional Sessions Judge, Danapur. The petitioner alleged that Satish Kumar had suppressed facts and was involved in threatening behavior and further altercations, constituting supervening circumstances. The Patna High Court examined whether it could entertain the cancellation petition. The Court held that such matters must be raised before the court that originally granted the anticipatory bail. Consequently, the petitioner was given liberty to approach that court, and the present application was disposed of.

Issues considered

  • Whether the High Court can entertain an application for cancellation of bail granted by a lower court on the ground of alleged suppression of facts and new threatening conduct
  • Whether the appropriate forum for seeking cancellation of anticipatory bail is the court that originally granted it

Subjects

  • bail cancellation
  • anticipatory bail
  • supervening circumstances
  • criminal procedure
  • jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29752 of 2024
                  Arising out of PS. Case No.-944 Year-2023 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Manish Kumar S/o Shyam Babu Singh R/o Mohalla - Ram Nagar Colony,
                 P.S. - Rupaspur, Distt. - Patna

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Satish Kumar S/o Ravindra Prasad Singh @ Ravindra Prasad R/o vill - Gu-
                 rudwara Road, New Colony, Quarter no. 201, AB P.s. - Khagaul, Distt. -
                 Patna, At present near Gandhi Nagar Park Jagat Narayan Road, P.S. - Kha-
                 gaul, Distt. - Patna

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

3   09-01-2026                    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 06.03.2024 passed by the-

                   learned Court of Additional Sessions Judge-I, Danapur, Patna

                   whereby and whereunder the bail was granted to the opposite

                   party no. 2.

                                3. The ground for cancellation that has been urged by

                   the learned counsel appearing for the petitioner is confined to-

                   suppression of fact and some supervening circumstances in the

                   nature of threatening and engaging in further altercation. With
                        Patna High Court CR. MISC. No.29752 of 2024(3) dt.09-01-2026
                                            2/2




           regard to such grounds, the desirable course would be to move-

           before the concerned Court which has granted privilege of antic-

           ipatory bail to the opposite party no.2.

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

           liberty to raise the issues before the Court concerned which has

           granted bail to the opposite party no.2.

                        5. With the aforesaid liberty, this application is dis-

           posed off.



                                    (Soni Shrivastava, J)
Vikash/-

U      T


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