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Patna High Court

Sanjiv Kumar @ Sanjeev KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The application for cancellation of anticipatory bail was withdrawn and therefore dismissed, leaving the bail order untouched.

Summary

The petitioner, Sanjiv Kumar, filed an application before the Patna High Court seeking cancellation of anticipatory bail that had been granted to four opposite parties by the Sessions Judge, Jamui. The petitioner also requested protection for his life and property, alleging threats from the opposite parties, and had earlier lodged a representation with the Superintendent of Police, Jamui. During the hearing, the petitioner withdrew the application for cancellation of bail, preferring to raise the issue before the appropriate forum. The Court permitted the withdrawal and dismissed the application as withdrawn. Additionally, the Court directed the Superintendent of Police to investigate the petitioner's representation and provide any necessary protection.

Issues considered

  • Whether the anticipatory bail granted to the opposite parties should be cancelled
  • Whether the application for cancellation of bail can be withdrawn by the petitioner

Subjects

  • anticipatory bail
  • withdrawal of application
  • criminal procedure
  • protection of life and property
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58145 of 2025
                  Arising Out of PS. Case No.-738 Year-2021 Thana- COMPLAINT CASE District- Jamui
                 ======================================================
                 Sanjiv Kumar @ Sanjeev Kumar S/O Krishna Kumar Bhagat R/O
                 Maharajganj Chowk, P.O and P.S- Jamui, Distt.- Jamui. At present resident of
                 102/B, Saket Plaza, Jamal Road, P.S- Buddha Colony, Distt.- Patna.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Rajendra Prasad Bhagat S/O Late Bishwanath Bhagat R/O Maharajganj
                 Chowk, P.O and P.S- Jamui, Distt.- Jamui.
           3.    Abhishek Kumar Bhagat S/O Rajendra Prasad Bhagat R/O Maharajganj
                 Chowk, P.O and P.S- Jamui, Distt.- Jamui.
           4.    Suresh Prasad S/O Late Bishwanath Bhagat R/O Maharajganj Chowk, P.O
                 and P.S- Jamui, Distt.- Jamui.
           5.    Ankur Prasad S/O Suresh Prasad R/O Maharajganj Chowk, P.O and P.S-
                 Jamui, Distt.- Jamui.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kaushal Kr. Jha, Sr. Advocate
                                                 Mr. Siddharth Aditya, Advocate
                 For the Opposite Party/s :      Md. Nazir Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   05-01-2026                   Heard Mr. Kaushal Kumar Jha, learned Senior

                   Advocate appearing on behalf of petitioner, assisted by Mr.

                   Siddharth Aditya, learned Advocate and learned APP of the

                   State.

                                 2. The petitioner has filed the present application

                   seeking cancellation of anticipatory bail granted to opposite

                   party nos. 2 to 5 by the learned Sessions Judge, Jamui, vide

                   order dated 18.05.2024 passed in A.B.P. No. 592 of 2023.

                                 3. After some arguments, learned Senior counsel for
            Patna High Court CR. MISC. No.58145 of 2025(2) dt.05-01-2026
                                                        2/2




                      the petitioner prays for withdrawal of the present application for

                      cancellation of bail in order to seek the liberty to raise the said

                      issue before the appropriate forum and has further made a

                      prayer that life and property of the petitioner be protected as the

                      petitioner was threatened by the opposite parties, regarding

                      which he has already given an application before the

                      Superintendent of Police, Jamui and the same has been annexed

                      as Annexure-P/3 to the present application.

                                   4. The learned Senior counsel for the petitioner is

                      permitted to withdraw the present application for cancellation of

                      bail and as such the same is dismissed as withdrawn with a

                      direction to the Superintendent of Police, Jamui to inquire into

                      the matter regarding the representation dated 01.07.2024 filed

                      before him by the petitioner and in case any protection is

                      required with regard to life and property of the petitioner, the

                      same would be looked into at his end.

                                   5. With the aforesaid liberty, the present application

                      stands dismissed as withdrawn.



                                                (Soni Shrivastava, J)
Harsh/-
U       T


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