Patna High Court
NAGMANI SINGHversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
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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