Patna High Court
DINESH PRASAD SINGHversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The High Court declined to cancel the anticipatory bail and held that the application for cancellation must be filed before the court that granted the bail.
Summary
The petitioner filed an application seeking cancellation of anticipatory bail that had been granted to the opposite party No.2 under Section 7 of the Religious Institution (Prevention of Misuse) Act. The petitioner alleged that the conditions imposed with the bail were being flagrantly violated. The High Court examined the application and, finding no perversity in the lower court's order, declined to interfere with the bail. However, the Court directed that any application for cancellation should be filed before the court that originally granted the anticipatory bail, as is the settled law. Consequently, the present application was disposed of without any order of cancellation.
Issues considered
- Whether the High Court can cancel an anticipatory bail order issued by a lower court on the ground of violation of bail conditions
- Which court has jurisdiction to entertain an application for cancellation of anticipatory bail
Subjects
- anticipatory bail
- cancellation of bail
- bail conditions
- Religious Institution (Prevention of Misuse) Act
- jurisdiction
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68934 of 2022
Arising Out of PS. Case No.-299 Year-2022 Thana- BAKHTIYARPUR District- Patna
======================================================
Dinesh Prasad Singh S/O Late Harbansh Narayan Singh R/O Mohalla-
Bakhtiyarpur, Ward No-4, P.S- Bakhtiyarpur, District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mr. Dinkar Das Tyagi S/O Late Saryug Das R/O Village- Bakhtiyarpur Bari
Thakurbari, P.O Bakhtiyarpur, P.S- Bakhtiyarpur, District- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rohit Kumar
Mr. Manish Kumar No. 13
For the State : Mr. Ram Priya Sharan Singh
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 05-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed for
cancellation of anticipatory bail granted by the 3rd Additional
Sessions Judge, Barh, Patna vide A.B.P. No. 5740 of 2022 dated
17.08.2022 passed in Bakhtiyarpur (Patna) P.S. Case No. 299 of
2022 registered under Section 7 of the Religious Institution
(Prevention of Misuse) Act.
3. Learned counsel for the petitioner has submitted
that while granting anticipatory bail to the opposite party no. 2
the learned court concerned had imposed certain conditions
which were being flagrantly violated by the opposite party no. 2.
4. Taking into consideration the fact that the matter
Patna High Court CR. MISC. No.68934 of 2022(3) dt.05-01-2026
2/2
relates to violation of the conditions of bail and this Court not
having found any perversity in the order, is not inclined to
interfere with the same. However, the learned counsel for the
petitioner is given liberty to file an application for cancellation
of bail before the court which had passed the order dated
17.08.2022 granting anticipatory bail as the law is well settled in
this regard that in case of violation of the order of the court, it is
in the interest of justice and also desirable to approach the same
court and as such, the cancellation of bail ought to be filed in the
court which had granted anticipatory bail to the petitioner.
5. Accordingly, the present application is disposed of.
(Soni Shrivastava, J)
devendra/-
U T
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