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Patna High Court

GOPI KISHAN @ GOPI KRISHNAversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The application for cancellation of bail was dismissed as withdrawn.

Summary

Gopi Kishan filed an application seeking cancellation of the regular bail granted to the second opposite party, alleging supervening circumstances that caused undue harassment and undue influence on his position. The petitioner argued that these circumstances justified revoking the bail. The State opposed the application. After hearing arguments, the petitioner voluntarily withdrew the application to pursue relief in the appropriate court. The court dismissed the application as withdrawn, granting liberty to the petitioner to seek remedy elsewhere.

Issues considered

  • Whether the regular bail granted to the opposite party should be cancelled on the ground of supervening circumstances causing harassment and undue influence

Subjects

  • bail
  • cancellation
  • withdrawal
  • supervening circumstances
  • harassment

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.72551 of 2023
                  Arising Out of PS. Case No.-1442 Year-2019 Thana- PATNA COMPLAINT CASE District-
                                                           Patna
                  ======================================================
                  GOPI KISHAN @ GOPI KRISHNA S/o RAJ KUMAR SINGH R/o vill -
                  Jamui, P.S. - Dulhin Bazar, Distt. - Patna, At present Residing at mohalla Ram
                  Nagari, Ashiyana, P.s - Rajiv Nagar, Distt. - Patna.    ... ... Petitioner/s
                                                       Versus
            1.     The State of Bihar Bihar
            2.     Komal Priya Rai D/o Suresh Rai R/o vill - Ghataro, Chaturbhuj, P.S. -
                   Lalganj, Distt. - Vaishali and presently residing at Quarter No 3 Type II,
                   CRPF Campus, P.S. - Rajeev Nagar, Distt. - patna
                                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Anil Kumar Singh, Advocate
                  For the Opposite Party/s :      Mr. Jharkhandi Upadhyay, APP
                  ======================================================
                  CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                        ORAL ORDER

6    12-01-2026                    Heard learned counsel for the petitioner and learned

                    APP for the State.

                                 2. After some arguments, learned counsel for the

                    petitioner prays to withdraw this application in order to seek

                    remedy before the concerned Court which had granted regular

                    bail to opposite party no.2 as the ground for cancellation

                    primarily relates to supervening circumstances, causing undue

                    harassment to the petitioner and also causing undue influence of

                    his post upon the petitioner.

                                 3. Accordingly, this application is dismissed as

                    withdrawn with the liberty aforesaid.

                                               (Soni Shrivastava, J)
Trivedi/-
U       T


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