Patna High Court

Premlata KumariversusThe State of Bihar

Decided: 19 January 2026
Disposal: DISPOSED
Bench: SONI SHRIVASTAVA

Holding

The application is disposed of, with liberty granted to the petitioner to approach the concerned court for redress.

Summary

The petitioner, Premlata Kumari, filed an application in the Patna High Court seeking relief concerning the alleged misuse of bail granted to the opposite party, Vishal Kumar. The petitioner later requested to withdraw this application and instead approach the court that had already granted anticipatory bail to the opposite party. The learned counsel argued that the grounds of the petition primarily related to the misuse of bail and that the petitioner should seek redress in the appropriate forum. The court considered that the grievance pertained to the conduct of the bail and not to any substantive criminal charge against the petitioner. Accordingly, the court disposed of the present application, granting the petitioner liberty to approach the concerned court for further relief. Any subsequent application filed there would be decided in accordance with law.

Issues considered

Whether the petitioner’s application seeking relief from alleged misuse of bail can be withdrawn and the petitioner directed to approach another court.
Whether the court has jurisdiction to dispose of the application without adjudicating the merits of the bail misuse claim.

Subjects

anticipatory bail
misuse of bail
withdrawal of application
jurisdiction
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.53847 of 2025
                       Arising Out of PS. Case No.-36 Year-2024 Thana- MAHILA P.S. District- Nawada
                  ======================================================
                  Premlata Kumari D/o- Shivpujan Prasad Village- Mahrawan PS- Roh, Dist-
                  Nawada
                                                                        ... ... Petitioner/s
                                                  Versus
            1.     The State of Bihar
            2.     Vishal Kumar S/o- Ramsharan Prasad Village- Belatand Ps- Akbarpur Dist-
                   Nawada
                                                                     ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Pramod Kumar Verma, Advocate
                  For the Opposite Party/s :        Mr. Akbar Ali, APP
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

3    19-01-2026                     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 approach the learned Court concerned which has

                    anticipatory bail to the opposite party no. 2.

                                 3. Taking into consideration the fact that the grounds

                    alleged primarily relates to misuse of bail as threatening is being

                    given, the present application is disposed of with liberty to the

                    the petitioner to approach the learned Court concerned for

                    redressal of his grievance by way of filing an application and in

                    case, if such an application is filed, the same would be disposed

                    of by the learned Court concerned in accordance with law.


                                               (Soni Shrivastava, J)
anand/-
U       T

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