Created by Fuzzy Cloud

Patna High Court

Shabnam SultanversusThe State Of Bihar and Ors

Decided
Disposal
DISMISSED

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

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/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.