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Patna High Court

Santosh ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The application is disposed of, directing the petitioner to approach the court that granted bail for any further relief.

Summary

Santosh Chaudhary filed a criminal miscellaneous application seeking cancellation of the regular bail granted to Ravindra Chaudhary, alleging that the latter threatened him and his family to withdraw the case or settle. The petitioner’s counsel later requested to withdraw the application and approach the court that had originally granted bail for appropriate relief. The court noted that the ground for cancellation pertained to intimidation and that the appropriate forum to address such grievance was the bail‑granting court. Accordingly, the application was disposed of, with liberty granted to the petitioner to file a suitable application before the concerned court. The order emphasizes that any further relief must be sought in accordance with law before the appropriate jurisdiction.

Issues considered

  • What is the appropriate forum for seeking cancellation of bail on grounds of threat and intimidation?
  • Can the petitioner withdraw the present application and pursue relief in the bail‑granting court?

Subjects

  • bail
  • cancellation of bail
  • threat
  • criminal miscellaneous application
  • procedural jurisdiction

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.32514 of 2025
                   Arising Out of PS. Case No.-104 Year-2024 Thana- KARAI PARSURAI District- Nalanda
                  ======================================================
                  Santosh Chaudhary S/o Vijay Chaudhary R/o Village- Sirhanta, P.S.- Karai Parsurai,
                  District- Nalanda
                                                                                  ... ... Petitioner/s
                                                     Versus
             1.    The State of Bihar Bihar
             2.   Ravindra Chaudhary S/o Kamlesh Chaudhary R/o Village- Sirhanta, P.S.- Karai
                  Parsurai, District- Nalanda
                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Anil Kumar Singh, Advocate
                  For the Opposite Party/s :       Mr. Ram Anurag Singh, A.P.P
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER
3    19-01-2026                    After some arguments, learned counsel appearing for the

                    petitioner prays for withdrawal of the present application in order to

                    seek his remedy before the learned court concerned which had

                    granted regular bail to the Opposite Party no. 2.

                                 2. Since the ground for cancellation being urged primarily

                    relates to threatening the petitioner and his family members to

                    withdraw the case or file compromise, the present application is

                    disposed of with the liberty to the petitioner to file an appropriate

                    application before the concerned court which had granted bail to the

                    Opposite Party No. 2 which shall be disposed of in accordance with

                    law.



                                               (Soni Shrivastava, J)
vashudha/-

U


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