Patna High Court
NIL MANI SINGHversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The High Court refused to interfere with the anticipatory bail order and directed the lower court to dispose of the cancellation application within three months.
Summary
Petitioner Nil Mani Singh filed an application in the Patna High Court seeking cancellation of anticipatory bail granted to respondents Nagendra Paswan and Rampujan Sahani by the 8th Additional Sessions Judge, East Champaran. The petitioner alleged that respondent No.2 had concealed his criminal antecedents and that there were supervening threats against the petitioner. While arguing, the petitioner’s counsel requested permission to withdraw the cancellation application and instead raise the grounds before the lower court that had granted the bail. The High Court declined to interfere with the bail order, holding that the appropriate forum to consider the cancellation is the court that granted the anticipatory bail. It directed that court to dispose of any cancellation application within three months and disposed of the present petition.
Issues considered
- Whether the High Court should interfere with the order granting anticipatory bail to the respondents.
- Whether the petitioner may withdraw the cancellation application and raise the grounds before the court that granted anticipatory bail.
- Whether the lower court should be directed to dispose of the cancellation application expeditiously.
Subjects
- anticipatory bail
- cancellation of bail
- high court jurisdiction
- withdrawal of application
- criminal antecedent
- threat
- procedural direction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6061 of 2022
Arising Out of PS. Case No.-122 Year-2021 Thana- TURKAULIYA District- East
Champaran
======================================================
NIL MANI SINGH S/o Late Dr. Rana Rajendra Singh Residing near Jayanti
Apartment, Road No. 15, Indrapuri, P.S. - Patliputra, Dist. - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nagendra Paswan S/o Muni Ram Paswan Resident of Vill. - Raghunathpur
Bhelwa, P.S. - Raghunathpur, Dist. - East Champaran.
3. Rampujan Sahani S/o Kailash Sahani Resident of vill. - Mahawal, P.S. -
Motipur, Dist. - Muzaffarpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sangeet Deokuliar, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 06-01-2026 Heard learned counsel for the petitioner 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 and 3 by the learned 8th Addl. Sessions Judge, East
Champaran at Motihari vide order dated 17.06.2021 passed in
A.B.P. No.1060 of 2021.
3. After some arguments, learned counsel for the
petitioner seeks permission to withdraw the present application
for cancellation of bail in order to avail his remedy before the
court concerned which had granted anticipatory bail to opposite
Patna High Court CR. MISC. No.6061 of 2022(5) dt.06-01-2026
2/2
party nos. 2 and 3, as the principal grounds urged for
cancellation of bail are that opposite party no.2 has suppressed
his criminal antecedent and there is also supervening
circumstances of threatening being given to the petitioner at the
hands of opposite parties.
4. This Court is not inclined to interfere with the order
granting bail to the opposite parties, as the desirable and
efficacious course would be to grant liberty to the petitioner to
urge such grounds and raise the issues before the court
concerned which granted anticipatory bail to opposite party nos.
2 and 3.
5. The court concerned is directed to dispose of the
said application for cancellation of bail, if filed, expeditiously
preferably within a period of three months from today.
6. With the aforesaid observations and directions, the
application stands disposed of.
(Soni Shrivastava, J)
Harsh/-
U T
Checking your session…