Patna High Court

Sharda DeviversusThe State of Bihar

Decided: 5 January 2026
Disposal: DISPOSED
Bench: SONI SHRIVASTAVA

Holding

The application for cancellation of anticipatory bail is disposed of, with the petitioner’s request denied.

Summary

Sharda Devi filed an application seeking the cancellation of anticipatory bail that had been granted to Sumit Kumar Sinha, the second opposite party, by the Sessions Judge in a separate case. The petitioner argued that the bail was granted solely on the basis that other co‑accused had also received anticipatory bail, despite the informant’s physical presence before the court and her denial of any fraud. The petitioner further contended that a similar bail cancellation petition had been filed earlier, and the High Court had allowed the petitioner to approach the lower court for redress. The Court observed that the same liberty to approach the lower court had already been granted in the earlier matter (Cr. Misc. No. 41750 of 2024). Consequently, the Court disposed of the present application without granting the relief sought. The order effectively upheld the earlier procedural liberty and left the anticipatory bail order untouched.

Issues considered

Whether the anticipatory bail granted to the opposite party should be cancelled on the ground that it was based solely on the bail granted to co‑accused persons.
Whether the petitioner is entitled to a procedural liberty to approach the Sessions Court for redress of grievances.

Subjects

anticipatory bail
cancellation of bail
co‑accused
procedural liberty
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41962 of 2024
                    Arising Out of PS. Case No.-114 Year-2024 Thana- GANDHIMAIDAN District- Patna
                 ======================================================
                 Sharda Devi W/O- Late Puskar Kumar Sinha R/o- Mohalla Mahesh Nagar,
                 Road No. 0, Prarthna Niwas, Flat No. 201, Police Station Patliputra, District
                 Patna
                                                                           ... ... Petitioner/s
                                                  Versus
           1.     The State of Bihar
           2.     Sumit Kumar Sinha S/o- Manoj Kumar Sinha R/o-Mohalla Mainpura,
                  Opposite Gage No. 50, near Murti Makan, Police Station -Paliputra, District-
                  Patna
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Amir Alam, Advocate
                 For the Opposite Party/s :      Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   05-01-2026                     Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner has filed the present application

                   seeking cancellation of anticipatory bail granted to opposite

                   party no. 2 by the learned Sessions Judge, Patna, vide order

                   dated 08.04.2024 passed in A.B.P. No. 1497 of 2024.

                                3. Learned counsel for the petitioner has submitted

                   that since the anticipatory bail has been granted to the opposite

                   party no.2 only on the ground that other co-accused persons of

                   the said case had also been granted anticipatory bail vide order

                   dated 28.03.2024 in A.B.P. No. 1328 of 2024 and in the said

                   case accused persons had resorted to fraudulent means as

                   despite the fact that the informant had never presented herself

                   physically before the Court concerned, however, paragraph nos.

                   6 and 8 of the order granting bail to the co-accused persons
            Patna High Court CR. MISC. No.41962 of 2024(4) dt.05-01-2026
                                                        2/2




                      discloses that the informant was physically present before the

                      Court concerned and she had declined the fact that any fraud or

                      cheating was committed with her. Learned counsel for the

                      petitioner further submits that in the case of co-accused persons

                      also, cancellation of bail petition has been filed before this

                      Court and vide order dated 05.01.2026 in Cr. Misc. No. 41750

                      of 2024, liberty was granted to the petitioner to approach the

                      Court concerned which has granted anticipatory bail to the

                      opposite parties for the redressal of her grievances.

                                   4. In view of the aforesaid, in the present case also the

                      same liberty is granted to the present petitioner as has been

                      granted to the petitioner of Cr. Misc. No. 41750 of 2024,

                      inasmuch as opposite party no.2 has been granted privilege of

                      anticipatory bail by the learned Sessions Judge mainly on the

                      basis of the fact that co-accused persons have been granted such

                      privilege vide order dated 08.04.2024 in A.B.P No. 1497 of

                      2024, which was challenged before this Court in Cr. Misc. No.

                      41750 of 2024.

                                   6. With the aforesaid observations, the instant

                      application stands disposed of.


                                                (Soni Shrivastava, J)
Harsh/-
U       T

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