Patna High Court
Manoj KumarversusVinod Kahar @ Vinod Kumar Chandel
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The bail order is well‑considered and not perverse; therefore, there is no ground to interfere with it.
Summary
Manoj Kumar filed an application seeking cancellation of bail granted to Vinod Kahar (Opposite Party No.1) on the grounds that the latter had suppressed facts about his three criminal antecedents, including a conviction, and had threatened the informant and his family. The petitioner alleged that the bail order was obtained by misrepresentation and that a supervening circumstance of threat existed. The Patna High Court examined whether the lower court’s bail order was perverse and whether the grounds justified revocation of bail. The Court held that the lower court’s order was well‑considered and there was no occasion to interfere. Consequently, the application for bail cancellation was dismissed, with the Court noting that any future application on the same ground should be decided within six weeks.
Issues considered
- Whether bail can be cancelled on the ground of suppression of material facts by the accused
- Whether the existence of a threat to an informant and his family justifies revocation of bail
- Whether the lower court's bail order is perverse and liable to be set aside
Subjects
- bail cancellation
- suppression of fact
- threat to informant
- criminal antecedents
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49315 of 2025
Arising Out of PS. Case No.-639 Year-2024 Thana- ARA NAWADA District- Bhojpur
======================================================
Manoj Kumar
... ... Petitioner/s
Versus
Vinod Kahar @ Vinod Kumar Chandel
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Eashita Raj, Advocate
For the Opposite Party/s : Mr.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 27-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The basic ground for cancellation of bail of the
Opposite Party No. 1 relates to suppression of fact as the O.P.
No. 1 has three criminal antecedents out of which he has been
convicted in one of the case and further ground is that of the
supervening circumstance of threatening the informant and his
family member with regard to which a representation has also
been filed. However, before the court concerned he has no doubt
disclosed the existence of three criminal antecedents but has
also stated that the trial has not begun in any of the cases,
whereas he stands convicted in one of the cases.
3. Considering that the matter concerns suppression of
fact and also a supervening circumstance of threatening, it
would be desirable that the petitioner moves before the court
Patna High Court CR. MISC. No.49315 of 2025(4) dt.27-01-2026
2/2
concerned bringing the said fact into the knowledge of the court
concerned which had granted bail to the Opposite Party No.1.
So far as any perversity in the order is concerned, this court
finds that it is a well considered order, as such, there is no
occasion to interfere with the same. However, in case, an
application is filed before the court concerned which had
granted bail on grounds of suppression of fact the same may be
disposed of within a period of six weeks, in accordance with
law.
4. Accordingly, the application stands disposed of.
(Soni Shrivastava, J)
vashudha/-
U T
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