Patna High Court
Shabnam SultanversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The High Court held that there was no illegality or cogent ground to cancel the bail and dismissed the petition.
Summary
Shabnam Sultan filed an application seeking cancellation of bail granted to five accused persons in a criminal case (Case No. 200 of 2017) involving offences under Sections 341, 323, 448, 354(b) and 504/34 of the Indian Penal Code. The bail had been granted by the Additional Sessions Judge on 11 September 2017 and the petitioner's request for cancellation was rejected by the same judge on 25 July 2018. The petitioner appealed to the Patna High Court, alleging misuse of bail and seeking a cogent ground for cancellation. The High Court examined the lower court's order and found no illegality, infirmity, or evidence of bail misuse. Consequently, the Court dismissed the petition, leaving the bail order intact.
Issues considered
- Whether there are sufficient grounds to cancel the bail granted to the accused.
- Whether the order of the Additional Sessions Judge cancelling bail is legally valid.
- Whether any misuse of bail by the accused has been established.
Legislation cited
- Indian Penal Code — s. 323, 341, 354(b), 448, 504/34
Subjects
- bail cancellation
- Indian Penal Code
- criminal procedure
- High Court
- petition dismissed
- no misuse of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68495 of 2018
Arising Out of PS. Case No.-200 Year-2017 Thana- CHAINPUR District- Kaimur (Bhabua)
======================================================
Shabnam Sultan Wife of Abdul Rahman Ansari, Resident of Hatta, P.S.-
Chainpur, District-Kaimur Bhabhua at Present resident at Dighhi Basila,
Chandauli U.P..
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Abdul Quaum Ansari
3. Abdul Karim,
4. Abdul Rahim All are Sons of Jahid Hussain null
5. Shoeb Alam
6. Aftab Alam Both are Sons of Abdul Karim All are Resident of Village-Hata,
P.S.-Chainpur, District-Kaimur Bhabhua.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar Karn
For the Opposite Party/s : Mr.Sri Ram Anurag Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 13-03-2026 Heard the parties.
2. This application has been filed for cancellation of
bail of the opposite parties nos. 2 to 6 who have been granted
bail by the learned ACJM-II, Bhabhua, Kaimur vide order dated
11.09.2017 in connection with Chainpur P.S. Case No. 200 of
2017 registered for the offence under Sections 341, 323, 448,
354(B), 504/34 of the Indian Penal Code.
3. This Court has perused the order dated 25.07.2018
by which the cancellation of bail preferred by the present
petitioner before the Additional Sessions Judge-I, Kaimur was
Patna High Court CR. MISC. No.68495 of 2018(3) dt.13-03-2026
2/2
rejected.
4. Upon perusal of the impugned order, by which the
accused was enlarged on bail, this Court finds no illegality of
infirmity in the same.
5. No cogent ground has been established on behalf of
the petitioner for cancellation and no even no misuse of bail is
alleged against the accused.
6. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
Vikas/-
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