Patna High Court
TASUSAWAR @ TASABBARversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The application for cancellation of anticipatory bail is dismissed, with the petitioner directed to approach the court that granted the bail.
Summary
The petitioner, Tasusawar, filed an application seeking cancellation of the anticipatory bail granted to Md. Aslam Rahi in a criminal case. The petition alleged supervening circumstances, including threats and attempts to tamper with evidence, as grounds for revoking the bail. The Patna High Court examined whether the petitioner could obtain such cancellation from a different court than the one that originally granted the bail. The Court held that the appropriate remedy is to approach the court that granted the anticipatory bail and raise the issues there. Consequently, the Court granted liberty to the petitioner to approach that court and dismissed the present application.
Issues considered
- Can a court other than the one that granted anticipatory bail cancel the bail?
- Do alleged threats and evidence tampering constitute sufficient grounds for cancellation of anticipatory bail?
Subjects
- anticipatory bail
- cancellation
- supervening circumstances
- evidence tampering
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67333 of 2024
Arising out of PS. Case No.-221 Year-2024 Thana- AMAUR District- Purnia
======================================================
Tasusawar @ Tasabbar Son of Said Resident of Village - Bengdah, P.O. -
Machhatta, P.S. - Amour, District - Purnea
... ... Petitioner/s
Versus
1. The State of Bihar
2. Md. Aslam Rahi Son of Md. Ekhlaq Resident of Village - Bengdah, P.O. -
Machhatta, P.S. - Amour, District - Purnea
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mazher Alam, Advocate
For the State : Mr. Ashok Kumar Singh, Advocate
For the O.P. No. 2 : Mr. Rajesh Kumar, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 13-01-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the Opposite Party No. 2.
2. The present application for cancellation of anticipa-
tory bail has been filed against the order dated 25.07.2024
passed by the learned Court of Additional Sessions Judge-IV,
Katihar in A.B.P. No. 1039 of 2024 in connection with Amour
P.S. Case No. 221 of 2024 whereby and whereunder anticipatory
bail was granted to the opposite party no. 2.
3. The ground for cancellation that has been urged
by the learned counsel appearing for the petitioner is
confined to some supervening circumstances in the nature of
threatening and efforts to tamper the evidence. With regard to
Patna High Court CR. MISC. No.67333 of 2024(3) dt.13-01-2026
2/2
such grounds, the desirable course would be to move before the
concerned Court which has granted privilege of anticipatory bail
to the opposite party no. 2.
4. In such view of the matter, the petitioner is granted
liberty to raise the issues before the Court concerned which has
granted bail to the opposite party no.2.
5. With the aforesaid liberty, this application is dis-
posed off.
Vikash/- (Soni Shrivastava, J)
U T
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