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Patna High Court

Jai Prakash BhagatversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The application for cancellation of anticipatory bail was disposed of, leaving the bail in force pending the FSL report.

Summary

Jai Prakash Bhagat filed an application seeking cancellation of the anticipatory bail granted to three accused persons (the Kushwahas) in a case involving a death investigation. The bail had been conditioned on the receipt of a Forensic Science Laboratory (FSL) report to determine the cause of death. The petitioner argued that the bail should be cancelled pending the report. The High Court observed that the lower court is expected to obtain the FSL report expeditiously and decide on the bail based on its findings. Accordingly, the Court did not entertain the cancellation request and disposed of the application, leaving the anticipatory bail in force until the report is received.

Issues considered

  • Whether anticipatory bail granted conditionally can be cancelled before the forensic report is received

Subjects

  • anticipatory bail
  • cancellation of bail
  • forensic report
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70934 of 2025
                    Arising Out of PS. Case No.-75 Year-2025 Thana- SIWAN MUFFASIL District- Siwan
                 ======================================================
                 Jai Prakash Bhagat Son of Late Sudarshan Bhagat Resident of Village-
                 Lamichaur, Ps- Bhorey, Dist- Gopalganj

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Chhabila Kushwaha @ Chhabila Bhagat Son of Late Unknown Resident of
                 Village- Jiyay, Ps- Siwan Mufassil, dist- Siwan
           3.    Subash Kushwaha @ Subash Kumar son of Chhabila Kushwaha Resident of
                 Village- Jiyay, Ps- Siwan Mufassil, dist- Siwan
           4.    Satendra Kushwaha @ Satendra Bhagat Son of Chhabila Kushwaha
                 Resident of Village- Jiyay, Ps- Siwan Mufassil, dist- Siwan

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjya Kumar Chaubey, Advocate
                 For the Opposite Party/s :       Mr. Damodar Prasad Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   05-01-2026                     Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                  2. The instant application for cancellation of bail has

                   been filed by the petitioner against the order dated 04.08.2025 in

                   A.B.P. No. 789 of 2025 passed by the learned Addl. District and

                   Sessions Judge-VII, Siwan whereby and whereunder the learned

                   Sessions Judge has granted the anticipatory bail to the opposite

                   party nos. 2 to 4 till FSL report is received.

                                3. In view of the fact that the anticipatory bail has

                   only been granted to the opposite parties till receipt of the FSL,
              Patna High Court CR. MISC. No.70934 of 2025(2) dt.05-01-2026
                                                          2/2




                        it would be expected from the learned Court concerned that

                        efforts would be made to receive the FSL report expeditiously

                        and in case the FSL report discloses that the cause of death is

                        other than accidental death, the Court concerned would be at

                        liberty to pass orders in accordance with law, whether to allow

                        the opposite parties to remain on anticipatory bail or pass orders

                        for cancellation of the same.

                                     4. With the aforesaid observations, the instant

                        application stands disposed of.



                                                  (Soni Shrivastava, J)
Harsh/-

U         T


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