Patna High Court
Seema Devi @ Seema kumariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The petition for cancellation of bail was rejected because the same prayer was pending before the trial court.
Summary
Seema Devi filed a petition seeking cancellation of the bail granted to Rajan Sharma. The petitioner argued that the bail should be set aside. The State and the accused opposed the petition. The court observed that an identical prayer for cancellation of bail was already pending before the trial court under paragraph 11 of the same bail petition. Consequently, the High Court held that the present petition could not be entertained while the parallel application was pending. The petition for cancellation of bail was therefore rejected.
Issues considered
- Whether a petition for cancellation of bail can be entertained when the same relief is pending before the trial court
Subjects
- bail
- cancellation of bail
- pending petition
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71431 of 2025
Arising Out of PS. Case No.-18 Year-2023 Thana- MAJHAULIA District- West Champaran
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Seema Devi @ Seema kumari W/O Rajan Sharma D/O Chuman Sharma R/O
Village- Bahuarwa, P.S.- Majhauliya, Dist.- West Champaran At Present Vill.-
Laukariya, P.S.- Palanwa, Dist.- East Champaran
... ... Petitioner
Versus
1. The State of Bihar
2. Rajan Sharma S/O Ram Chandra Sharma R/O Village- Bahuarwa, P.S.-
Majhauliya, Dist.- West Champaran
... ... Opposite Party
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Appearance :
For the Petitioner/s : Mr.Anil Kumar, Advocate
For the Opposite Party/s : Mr.Navin Kumar Pandey, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 11-02-2026 Heard the parties.
2. Considering the submission that same prayer is
pending before the learned trial court for consideration in
terms of paragraph ‘11’ of the present bail petition,
accordingly, present petition qua cancellation of bail of
opposite party no. 2 stands rejected, for the present.
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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