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Patna High Court

Subodh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The application for cancellation of bail is disposed of as withdrawn, leaving the provisional bail in force.

Summary

Petitioner Subodh Kumar filed an application in the Patna High Court seeking cancellation of the provisional bail granted to opposite party No.2, Kanhaiya Ram, by the Special Judge under the SC/ST Act. The petitioner alleged that the bail should be revoked due to suppression of facts and threats to witnesses. During the hearing, the petitioner withdrew the application, stating that the appropriate remedy was to approach the court that had originally granted the bail. The Court accepted the withdrawal and disposed of the application without further consideration. Consequently, the bail remained in force.

Issues considered

  • Whether the provisional bail granted to the accused under the SC/ST Act can be cancelled on the ground of alleged witness intimidation and suppression of facts.
  • Whether the petitioner may withdraw the application for cancellation of bail and what the procedural consequence of such withdrawal is.

Legislation cited

Subjects

  • bail
  • provisional bail
  • cancellation of bail
  • SC/ST Act
  • withdrawal of application
  • witness intimidation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68168 of 2024
                        Arising Out of PS. Case No.-85 Year-2024 Thana- BELCHHI District- Patna
                 ======================================================
                 Subodh Kumar Son of Sanjiwan Mochi Resident of Village- Ekdanga, P.S.-
                 Belchhi, Distt.- Patna

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Kanhaiya Ram @ Kanhaiya Kumar Son of Late Baikunth Ram Resident of
                 Vilalge- Ekdanga, P.S.- Belchhi, Distt.- Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Saurav Kumar Suman, Advocate
                 For the Opposite Party/s :       Mr. Binay Krishna, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   12-01-2026                     Heard learned counsel for the petitioner and learned

                   APP of the State.

                                2. The petitioner has filed the present application

                   seeking cancellation of provisional bail granted to opposite

                   party no. 2 by the learned Special Judge SC/ST Act, Patna vide

                   order dated 18.05.2024 passed in Serial No.85 of 2024.

                                3. After some arguments, learned counsel for the

                   petitioner prays for withdrawal of the present application for

                   cancellation of bail in order to seek his remedy before Court

                   concerned which has granted provisional bail to the opposite

                   party no. 2 as his main ground for cancellation of bail is

                   suppression of facts and supervening circumstances of
              Patna High Court CR. MISC. No.68168 of 2024(4) dt.12-01-2026
                                                          2/2




                        threatening the witnesses and the proper and efficacious course

                        in such circumstances would be to approach the court

                        Concerned which granted bail to the opposite party no. 2.

                                       4. With the aforesaid liberty, the present application

                        stands disposed of .


                                                  (Soni Shrivastava, J)

Harsh/-

U         T


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