Created by Fuzzy Cloud

Patna High Court

Mani Deo KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted the petitioner liberty to raise the bail‑cancellation issues before the court that granted anticipatory bail and disposed of the present application.

Summary

Mani Deo Kumar filed an application seeking cancellation of the regular bail granted to the second opposite party, alleging misuse of bail to terrorise the petitioner. The petitioner later requested to withdraw this application and instead approach the court that had granted anticipatory bail to the same opposite party, arguing that the grounds for cancellation pertained to that bail. The learned counsel for the State opposed the withdrawal. The Hon'ble Justice Soni Shrivastava allowed the petitioner to withdraw the present application and granted liberty to raise the bail‑cancellation issues before the concerned court that granted anticipatory bail. Consequently, the application was disposed of.

Issues considered

  • Whether the petitioner may withdraw the application for cancellation of bail and be permitted to approach the court that granted anticipatory bail for the same relief

Subjects

  • bail
  • anticipatory bail
  • cancellation of bail
  • withdrawal of application
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.48020 of 2024
                        Arising Out of PS. Case No.-668 Year-2023 Thana- HILSA District- Nalanda
                 ======================================================
                 Mani Deo Kumar SON OF Madhu Mahto VILLAGE- MURLI GARH
                 KORAWAN, PS- CHIKSAURA, DIST- NALANDA

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Uaday Kumar @ Uday Prasad Son Of Yaduvir Prasad Village- Kusaita, Ps-
                 Chiksaura, Dist- Nalanda
           3.    Rajeev Kumar Son Of Rajeshwar Prasad Village- Korawan, Ps- Chiksaura,
                 Dist- Nalanda

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajeev Kumar, Advocate
                 For the Opposite Party/s :       Mr. Atul Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   12-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. After some arguments, learned counsel for the

                   petitioner prays for withdrawal of the present application in

                   order to make a prayer for cancellation of bail before Court

                   concerned which has granted privilege of regular bail to the

                   opposite party no.2, as the ground taken for cancellation

                   primarily relates to misuse of bail by terrorizing the petitioner,

                   for which, the desirable course would be to move before the

                   concerned Court which has granted privilege of anticipatory bail

                   to the opposite party no.2.
              Patna High Court CR. MISC. No.48020 of 2024(4) dt.12-01-2026
                                                          2/2




                                     3. In such view of the matter, the petitioner is granted

                        liberty to raise the issues before the Court concerned which has

                        granted bail to the opposite party no.2.

                                     4. With the aforesaid liberty, this application is

                        disposed of.



                                                  (Soni Shrivastava, J)
anand/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.