Patna High Court
Mani Deo KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
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
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