Patna High Court
Mani Deo KumarversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The application for cancellation of bail is disposed, with liberty granted to raise the issue before the court that granted anticipatory bail.
Summary
Mani Deo Kumar filed an application seeking cancellation of the regular bail granted to Manoj Kumar, alleging that the bail was being misused to terrorise the petitioner. The petitioner later requested to withdraw this application and instead approach the court that had granted anticipatory bail to the opposite party, arguing that the appropriate forum for such a cancellation was that court. The Patna High Court, after hearing counsel, granted the petitioner liberty to raise the issue before the concerned court and disposed of the present application. No substantive merits on the bail cancellation were decided. The order essentially allowed the petitioner to pursue the matter in the appropriate jurisdiction.
Issues considered
- What is the appropriate forum for seeking cancellation of bail granted to the opposite party?
- Can the petitioner withdraw the present application and approach the court that granted anticipatory bail?
Subjects
- bail
- anticipatory bail
- cancellation of bail
- jurisdiction
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51731 of 2024
Arising Out of PS. Case No.-668 Year-2023 Thana- HILSA District- Nalanda
======================================================
Mani Deo Kumar Son of Madhu Mahto R/O Vill.- Murli Garh Korawan ,P.s.-
Chiksaura, Dist.- Nalanda.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Manoj Kumar Son of Chandrika Prasad. R/O Vill.- Murligarh, P.s.-
Chiksaura, Dist.- Nalanda.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Kumar, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, 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.
3. In such view of the matter, the petitioner is granted
Patna High Court CR. MISC. No.51731 of 2024(4) dt.12-01-2026
2/2
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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