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Patna High Court

USHA DEVIversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that there is no sufficient cause to cancel the bail granted to accused No.2.

Summary

The petitioner, Usha Devi, sought cancellation of the regular bail granted to accused No.2 in a kidnapping case involving the informant's son, who disappeared on 10‑08‑2020 amid a property dispute. The High Court examined the FIR and the bail order, noting that the investigation had produced only suspicion against the accused and no concrete evidence of his involvement. It observed that the accused had already been interrogated in custody and that the petitioner herself had been in custody since 04‑06‑2021. The Court reiterated that cancellation of bail requires cogent or overwhelming circumstances, which were absent in the present case. Consequently, the application for cancellation of bail was rejected, with directions for the investigating officer to continue efforts to locate the missing victim and for monitoring by the Superintendent of Police.

Issues considered

  • Whether the bail granted to accused No.2 should be cancelled on the basis of mere suspicion.
  • What evidentiary threshold is required to interfere with an order of bail.

Subjects

  • bail
  • cancellation of bail
  • kidnapping
  • property dispute
  • suspicion
  • investigation
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.57412 of 2021
                  Arising Out of PS. Case No.-338 Year-2020 Thana- PATNA CITY CHOWK District- Patna
                 ======================================================
                 USHA DEVI DAUGHTER OF LATE BHAGWAT MALAKAR, WIFE OF
                 SRI SHANKAR BHAGAT RESIDENT OF MOHALLA- JANGALI
                 PRASAD LANE, NALA PAR, THANA- CHOWK, DISTRICT- PATNA

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    SHASHI KUMAR@MITHU KUMAR SONS OF SUKHARI MALI AND
                 RITA DEVI RESIDENT OF MOHALLA- JANGALI PRASAD LANE,
                 NALA PAR, THANA- CHOWK, DISTRICT- PATNA

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kaushal Kumar, Adv.
                 For the Opposite Party/s :      Mr. Anand Mohan Prasad Mehta, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   02-02-2026                     Heard learned counsel for the petitioner and learned

                   APP of the State.

                                2. The petitioner has filed the present application

                   seeking cancellation of regular bail granted to opposite party no.

                   2 by the learned 1st Addl. District and Sessions Judge, Patna

                   City vide order dated 12.07.2021 passed in B.P. No.659 of 2021.

                                3. The matter relates to kidnapping of the informant’s

                   son who is said to have left the house on 10.08.2020 and

                   thereafter became traceless on account of the fact that accused

                   persons including the opposite party no.2 are the gotiya of the

                   petitioner (informant) who are having dispute with regard to

                   property. There is a suspicion raised against the opposite party
Patna High Court CR. MISC. No.57412 of 2021(4) dt.02-02-2026
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          no.2 of being involved in the said offence.

                       4. Upon perusal of the order granting bail to the

          opposite party no.2, it would appear that F.I.R has been lodged

          against opposite party no.2 and others upon suspicion and the

          order granting bail also indicates that there is no specific

          allegation against this O.P. No.2 of being involved in the said

          offence. After going through the case diary, learned Court

          concerned has reached a conclusion that the materials collected

          during investigation are also confined to suspicion existing

          against the opposite party no.2 and no other cogent material has

          been collected to show the complicity of the opposite party no.2

          in the alleged offence. It has also been considered that the

          petitioner was in custody since 04.06.2021. It also appears that

          custodial interrogation of opposite party no.2 has already been

          done and in a case, which is based only on suspicion, on account

          of a property dispute between the agnates, no useful purpose

          would be served by canceling the bail, already granted to the

          opposite party no.2, unless some cogent and overwhelming

          circumstances exists with regard to misuse of bail etc.

                       5. Law is settled that for consideration of a case for

          cancellation of bail, parameters are totally on a different level

          than that of grant of bail requiring very cogent or overwhelming
              Patna High Court CR. MISC. No.57412 of 2021(4) dt.02-02-2026
                                                          3/3




                        circumstances for warranting interference, this Court finds no

                        sufficient cause to interfere with the order granting bail to the

                        opposite party no.2 after staying in custody. In such view of the

                        matter, the application for cancellation of bail stands rejected.

                                     6. However, considering the submissions of the

                        learned counsel for the petitioner that the victim of this case has

                        still not been traced, the Investigating Officer of this case is

                        directed to take all necessary steps for recovering the victim and

                        the matter shall be monitored by the Superintendent of Police,

                        Patna City, East division and further, in case any co-operation is

                        required from the opposite party no.2, she would make herself

                        available and in case of any non-cooperation on her behalf, the

                        petitioner shall be at liberty to file a further application for

                        cancellation of bail.


                                                  (Soni Shrivastava, J)

Harsh/-

U         T


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