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Patna High Court

Shubham DeviversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The application for cancellation of regular bail was dismissed as the allegations did not meet the high threshold required for revoking bail.

Summary

Shubham Devi filed an application seeking cancellation of the regular bail granted to Vijay Mandal on 2 April 2024, alleging that he was misusing the bail privilege by threatening her and her family. The High Court examined whether such allegations, without supporting material or specific bail conditions, constitute sufficient grounds for bail cancellation. Citing the Supreme Court’s decision in Dolat Ram v. State of Haryana (1995) 1 SCC 349, the Court held that cancellation requires cogent and overwhelming circumstances, such as interference with justice or abuse of the bail concession. Since no specific condition was imposed on the bail and the threat allegation was unsubstantiated, the Court found no basis to cancel the bail. Consequently, the application for cancellation was dismissed, and the petitioner was advised to approach the appropriate court for any further grievance.

Issues considered

  • What constitutes sufficient grounds for cancellation of regular bail in a non‑bailable case?
  • Whether an unsubstantiated allegation of threat, without specific bail conditions, justifies cancellation of bail.

Subjects

  • bail
  • cancellation of bail
  • regular bail
  • threat allegation
  • Supreme Court precedent
  • Criminal Procedure Code
  • non‑bailable offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42316 of 2025
                       Arising Out of PS. Case No.-217 Year-2023 Thana- MIRGANJ District- Purnia
                 ======================================================
                 Shubham Devi W/O - Late Pankaj Kumar Mandal Village- Baghaua, Ps-
                 Mirganj, Dist- Purnea
                                                                   ... ... Petitioner/s
                                             Versus
           1.     The State of Bihar
           2.     Vijay Mandal @ Vijay Kumar Mandal son of Siya Sharan Mandal Village-
                  Baghaua, Ps- Mirganj, Dist- Purnea
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek, Advocate
                 For the Opposite Party/s :       Mr. Aditya Narayan Singh.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   09-01-2026                     Heard the parties.

                                2. The present application has been filed for

                   cancellation of regular bail granted to the opposite party No. 2

                   by order dated 02.04.2024 passed in Cr. Misc. No. 22843 of

                   2024.

                                3. Learned counsel for the petitioner submits that

                   opposite party No. 2 has started misusing the privilege of bail by

                   threatening the petitioner and her family members.

                                4. This Court finds no ground for cancellation of

                   regular bail in the light of the judgment rendered by the Hon’ble

                   Supreme Court in the case of Dolat Ram and others Vs. State

                   of Haryana reported in (1995) 1 SCC 349, wherein in

                   paragraph no. 4, the Hon’ble Apex Court has held as under:

                                               “Rejection of bail in a non-bailable case
Patna High Court CR. MISC. No.42316 of 2025(4) dt.09-01-2026
                                            2/3




                                       at the initial stage and the cancellation of
                                       bail so granted, have to be considered
                                       and dealt with on different basis. Very
                                       cogent and overwhelming circumstances
                                       are necessary for an order directing the
                                       cancellation of the bail, already granted.
                                       The grounds for cancellation of bail,
                                       broadly (illustrative and not exhaustive)
                                       are: interference or attempt to interfere
                                       with the due course of administration of
                                       justice or evasion or attempt to evade the
                                       due course of justice or abuse of the
                                       concession granted to the accused in any
                                       manner.”

                       5. It is also relevant to note that while granting regular

          bail to the opposite party no. 2 by order dated 02.04.2024 in Cr.

          Misc. No. 22843 of 2024, no specific condition was imposed

          thus in absence of any such express condition, a mere allegation

          of threat, without any supporting material, cannot by itself be

          treated as a violation of bail conditions so as to justify

          cancellation of bail. Cancellation of bail cannot be resorted to

          on vague or general allegations unless it is shown that the

          accused has deliberately abused the liberty granted by the Court

          or has acted in a manner prejudicial to the fair administration of

          justice.
             Patna High Court CR. MISC. No.42316 of 2025(4) dt.09-01-2026
                                                         3/3




                                    6. The present cancellation application stands

                       dismissed.


                                    7. If so advised, the petitioner may file an application

                       before the concerned Court with a competent jurisdiction for

                       redressal of her grievance.

                                    8. If any such application is filed on behalf of the

                       petitioner, same shall be disposed of expeditiously by the court

                       of competent jurisdiction.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-
U      T


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