Patna High Court
Khushboo ParweenversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that the bail granted to the accused could not be cancelled at the evidence stage merely on alleged threats, and the petitioner may approach the bail‑granting court for any such relief.
Summary
The petitioner, Khushboo Parween, filed an application seeking cancellation of the regular bail granted to Akram Khan (Opposite Party No.2) in a case involving offences under IPC sections 302, 307, 326, 120B, 34 and Arms Act section 27. The grounds alleged were that the accused had threatened the petitioner and other witnesses. The Patna High Court observed that the criteria for cancelling bail differ from those for granting bail and that the bail order was well‑reasoned. Since the trial was at the evidence stage with four witnesses already examined, the court found no justification to cancel the bail. It directed that the petitioner could approach the court that originally granted bail if she wished, and dismissed the cancellation application.
Issues considered
- Can bail be cancelled on the basis of alleged threats to the petitioner and witnesses?
- Does the stage of trial (evidence stage) affect the court's power to cancel bail?
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 302, 307, 326, 34
Subjects
- bail
- cancellation of bail
- witness protection
- IPC
- Arms Act
- evidence stage
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6360 of 2026
Arising Out of PS. Case No.-40 Year-2024 Thana- KATIHAR NAGAR District- Katihar
======================================================
Khushboo Parween W/o Chhotu Poddar @ Chhotelal Poddar R/o Village-
Anandnagar, Ward no- 45, PS- Town, Dist- Katihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Akram Khan @ Md. Akram S/o Late Tayyab Khan R/o vill- Mahmood
Chowk, Dilkas Bag, D.S. College Road, P.s.- Town, Distt.- Katihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr.Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner and learned
APP of the State.
2. The petitioner has filed the present application
seeking cancellation of regular bail granted to opposite party no.
2 by the learned District and Addl. Sessions Judge-VIII, Katihar
vide order dated 05.05.2025 passed in S.Tr. No. 542 of 2024
(arising out of Katihar P.S. Case No. 40 of 2024) for the offence
under Sections 302, 307, 326, 120B and 34 of IPC and Section
27 of Arms Act.
3. The grounds for cancellation of bail besides
indicating seriousness of the offence are primarily confined to
threatening the petitioner and other witness.
Patna High Court CR. MISC. No.6360 of 2026(2) dt.30-01-2026
2/2
4. It is well settled that the parameters for cancellation
of bail stand on a different footing from those applicable to the
grant of bail. This Court finds no reason to take a different view,
as the order granting bail to Opposite Party No. 2 is a well-
reasoned and considered one. Moreover, the case is presently at
the stage of evidence, and four witnesses have already been
examined.
5. At this stage, the Court finds no reason to cancel
the bail granted to the opposite party no.2, however, on grounds
of threatening etc., the petitioner would always have liberty to
move the Court concerned who had granted bail to opposite
party no.2, as such course has been held to be desirable by
various judicial pronouncements.
6. In such view of the matter, the application stands
disposed of with the liberty aforesaid.
(Soni Shrivastava, J)
Harsh/-
U T
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