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Patna High Court

NAGMANI SINGHversusTHE STATE OF BIHAR

Decided
Disposal
DISPOSED

Holding

The application for cancellation of bail was disposed, allowing the petitioner to seek appropriate relief from the court that granted bail.

Summary

The petitioner, Nagmani Singh, filed an application before the Patna High Court seeking cancellation of the regular bail granted to the second opposite party, Tarkeshwar Chaudhur, by the Additional Sessions Judge, Gopalganj. The ground for cancellation was the alleged intimidation of witnesses, evidenced by a subsequent FIR and a supplementary affidavit. During the hearing, the petitioner requested to withdraw the application, preferring to approach the lower court that originally granted bail for a more appropriate remedy. The Court noted that witness intimidation is a supervening circumstance best addressed by the court that granted bail. Consequently, the High Court disposed of the application, granting the petitioner liberty to approach the concerned court.

Issues considered

  • Whether the regular bail granted to the accused can be cancelled on the ground of alleged witness intimidation

Subjects

  • bail
  • witness intimidation
  • regular bail cancellation
  • criminal procedure
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40479 of 2024
                   Arising Out of PS. Case No.-175 Year-2023 Thana- PHULWARIYA District- Gopalganj
                 ======================================================
                 Nagmani Singh Son Of Prabhunath Chaudhur Resident Of Village - Maripur,
                 P.S. - Phulwaria, District - Gopalganj

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State Of Bihar
           2.    Tarkeshwar Chaudhur Son Of Shiv Sagar Chaudhur Resident Of Village -
                 Maripur, P.S. - Phulwaria, District - Gopalganj

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Dewendra Narayan Singh, Advocate
                 For the Opposite Party/s :      Mr.Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   09-01-2026                     Heard learned counsel for the petitioner and learned

                   APP of the State.

                                2. The petitioner has filed the present application

                   seeking cancellation of regular bail granted to opposite party no.

                   2 by the learned Addl. Sessions Judge, Gopalganj vide order

                   dated 05.03.2024 passed in B.P. No. 257 of 2024.

                                3. After some arguments, learned counsel for the

                   petitioner prays for withdrawal of the present application for

                   cancellation of bail in order to seek his remedy before the Court

                   concerned which had granted regular bail to the opposite party

                   no. 2 as his main ground for cancellation of bail relates to

                   threatening of witnesses and in this regard, the petitioner has
              Patna High Court CR. MISC. No.40479 of 2024(4) dt.09-01-2026
                                                          2/2




                        lodged a subsequent F.I.R., which has been brought on record

                        by way of a supplementary affidavit.

                                     4. Considering the fact that threatening of witnesses is

                        a supervening circumstance, for which the desirable course

                        would be to approach the court Concerned which had granted

                        bail to the opposite party no. 2.

                                       5. With the aforesaid liberty, the present application

                        stands disposed of.


                                                  (Soni Shrivastava, J)

Harsh/-

U         T


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