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Patna High Court

BHRIGUNATH TIWARI @ BHRUTIJEEversusThe State of Bihar

Decided
Disposal
DISPOSED

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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