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Patna High Court

SEEMA KUMARversusTHE STATE OF BIHAR

Decided
Disposal
DISPOSED

Holding

The application for cancellation of anticipatory bail was dismissed, directing the petitioner to approach the court that granted the bail.

Summary

The petitioner, Seema Kumar, filed an application seeking cancellation of the anticipatory bail granted to the opposite party, Pawan Kumar Purusharthi, by the Additional District & Sessions Judge. The petition alleged that the bail order was obtained through fraud, specifically by submitting forged and fabricated documents purporting receipt of Rs. 4,25,000. The High Court examined the claim and held that any grievance regarding fraud in the bail order must be addressed before the court that originally granted the bail. Consequently, the application for cancellation was dismissed, with liberty granted to the petitioner to approach the concerned court. The High Court also directed the lower court to dispose of any such cancellation application expeditiously, preferably within three months.

Issues considered

  • Whether the anticipatory bail granted to the opposite party can be cancelled on the ground of alleged fraud and forged documents.

Subjects

  • anticipatory bail
  • cancellation
  • fraud
  • forged documents
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44739 of 2021
                   Arising Out of PS. Case No.-833 Year-2019 Thana- PHULWARISHARIF District- Patna
                 ======================================================
                 SEEMA KUMAR Wife of Sri Santosh Kumar Resident of Village-
                 Jagdishpur, Police Station - Jagdishpur, District - Bhojpur at present residing
                 Flat No. 201, Manorma Apartment, Mitra Mandal Colony, Police Station -
                 Phulwarisharif, District- Patna.

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    THE STATE OF BIHAR
           2.    Pawan Kumar Purusharthi Son of Sri Suraj Narayan Jha Resident of Village
                 - Rani Nera Thakurbari, Police Station - Bachwarak, District - Begusarai, at
                 present residing at House No. 369, Nehru Nagar, H.P. Gas Godown, Police
                 Station - Patliputra, District - Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sudhir Kumar Bijpuria, Advocate
                 For the Opposite Party/s :      Mr. Anil Pd. Singh, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   08-01-2026                     Heard learned counsel for the petitioner and learned

                   APP of the State.

                                2. The petitioner has filed the present application

                   seeking cancellation of anticipatory bail granted to the opposite

                   party no. 2 by the learned Addl. District & Sessions Judge-XII,

                   Patna vide order dated 31.01.2020 passed in A.B.P. No.9541 of

                   2019.

                                3. Learned counsel for the petitioner has assailed the

                   order granting bail to the opposite party no.2 on the ground of

                   fraud being played on the concerned Court by producing forged

                   and fabricated documents relating to receipt of amount of Rs.
              Patna High Court CR. MISC. No.44739 of 2021(3) dt.08-01-2026
                                                          2/2




                        4,25,000/-which is brought on record by way of Annexure-2 to

                        the petition.

                                     4. So far as matter relates to fraud being played by

                        producing forged and fabricated documents on the concerned

                        Court, desirable course would be to approach the learned Court

                        concerned which had granted anticipatory bail to the opposite

                        party no.2.

                                     5. In such view of the matter, the application stands

                        disposed of with liberty to the petitioner to move before Court

                        concerned which had granted bail to the opposite party no.2.

                                     6. The court concerned is directed to dispose of the

                        said application for cancellation of bail, if filed, expeditiously,

                        preferably within a period of three months from today.


                                                  (Soni Shrivastava, J)

Harsh/-

U         T


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