Patna High Court
BHRIGUNATH TIWARI @ BHRUTIJEEversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The application for cancellation of bail is disposed, with liberty to raise the issues before the court that granted the bail.
Summary
The petitioner, Bhrigunath Tiwari, filed an application seeking cancellation of the bail granted to Harish Yadav, the second opposite party, by the Sessions Judge, Siwan on 3 April 2023. The petitioner alleged that the bail should be cancelled on grounds of suppression of facts, threats, and the possibility of further altercations. The High Court examined whether it could directly cancel the bail or whether the petitioner should approach the court that originally granted the bail. The Court held that the appropriate remedy is to raise these concerns before the bail‑granting court rather than seeking cancellation here. Consequently, the petitioner's application was disposed of, granting liberty to approach the concerned court for any further relief.
Issues considered
- Whether the High Court can cancel bail granted by a Sessions Court on the basis of alleged suppression of facts and threats
- Whether the petitioner should approach the bail‑granting court to seek cancellation of bail
Subjects
- bail cancellation
- anticipatory bail
- supervening circumstances
- criminal procedure
- High Court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55435 of 2023
Arising Out of PS. Case No.-127 Year-2022 Thana- MAHARAJGANJ District- Siwan
======================================================
Bhrigunath Tiwari @ Bhrutijee Son Of Baleshwar Tiwary Resident Of
Mohalla- Mahadeva Malviya, Nagar, Ps- Siwan Town, Dist- Siwan
... ... Petitioner/s
Versus
1. The State of Bihar
2. Harish Yadav Son Of Lallan Yadav Resident Of Village- Bhikha Sandh, Ps-
Maharajganj, Dist- Siwan
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Anupam, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 06-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application for cancellation of bail has
been filed against the order dated 03.04.2023 passed by the
learned Court of Sessions Judge, Siwan whereby and
whereunder the bail was granted to the opposite party no.2.
3. The ground for cancellation that has been urged by
the learned counsel appearing for the petitioner is confined to
suppression of fact and some supervening circumstances in the
nature of threatening and engaging in further altercation. With
regard to such grounds, the desirable course would be to move
before the concerned Court which has granted privilege of
Patna High Court CR. MISC. No.55435 of 2023(5) dt.06-01-2026
2/2
anticipatory bail to the opposite party no.2.
4. 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.
5. With the aforesaid liberty, this application is
disposed of.
(Soni Shrivastava, J)
anand/-
U T
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