Patna High Court
Ganga Prasad ThakurversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The application is disposed of, granting the petitioner liberty to approach the court that granted bail for any further relief.
Summary
Ganga Prasad Thakur filed an application seeking cancellation of the bail granted to respondents No.2 to 5, alleging that the bail was obtained by suppressing material facts about their criminal antecedents and by threatening the petitioner to withdraw FIR No.163 of 2020. The petitioner argued that the bail should be set aside on these grounds. The Court, after hearing counsel, allowed the petitioner to withdraw the present application and approach the court that granted the bail for redress. It directed that the concerned court may pass orders in accordance with law within three months if the petitioner raises the issues there. Consequently, the application was disposed of, with liberty granted to the petitioner to seek relief before the appropriate court.
Issues considered
- What is the appropriate remedy for a petitioner alleging suppression of material facts and threats in obtaining bail for the respondents?
- Whether the application for cancellation of bail should be entertained by this Court or the petitioner should approach the court that granted the bail.
Subjects
- bail
- cancellation of bail
- suppression of material fact
- FIR withdrawal
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65900 of 2024
Arising Out of PS. Case No.-163 Year-2020 Thana- BIRAUL District- Darbhanga
======================================================
Ganga Prasad Thakur S/o- Bhola Thakur Resident of Village- Baraidh, P.O.-
Parari, P.S.- Biroul, District- Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar
2. Baidyanath Thakur Son of Bhola Thakur Resident of Village- Baraidh, P.O.-
Parari, P.S.- Biroul, District- Darbhanga
3. Sanjay Thakur Son of Bhola Thakur Resident of Village- Baraidh, P.O.-
Parari, P.S.- Biroul, District- Darbhanga
4. Binay Kumar Thakur Son of Baidynath Thakur Resident of Village-
Baraidh, P.O.- Parari, P.S.- Biroul, District- Darbhanga
5. Sonu thakur Son of Baidyanath Thakur Resident of Village- Baraidh, P.O.-
Parari, P.S.- Biroul, District- Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ugranath Mallik, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 09-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. After some arguments, learned counsel appearing
for the petitioner prays for withdrawal of the present application
in order to seek redressal of his grievance before the concerned
Court which has granted privilege of bail to the opposite parties
no.2 to 5 as the ground taken for cancellation on behalf of the
petitioner relates primarily to suppression of material fact with
regard to criminal antecedent and also supervening
Patna High Court CR. MISC. No.65900 of 2024(4) dt.09-01-2026
2/2
circumstance with regard to threatening the petitioner to
withdraw the F.I.R. bearing Biroul P.S. Case No.163 of 2020.
3. In such view of the matter, the petitioner is granted
liberty to move before the Court concerned and in case
petitioner raises these issues before the Court concerned, the
Court concerned would pass orders in accordance with law and
dispose of the matter within a period of three months.
4. With the aforesaid observation and liberty, this
application is disposed of.
(Soni Shrivastava, J)
anand/-
U T
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