Created by Fuzzy Cloud

Patna High Court

Manju DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court disposed of the application, directing that the cancellation of bail be filed before the court that granted the bail.

Summary

Manju Devi filed an application in the Patna High Court seeking cancellation of bail granted to a child in conflict with law, Chandan Kumar, on the ground that the child's father had submitted a false affidavit suppressing his criminal antecedents. The petitioner’s counsel requested to withdraw the application and instead file a cancellation petition before the lower court that originally granted bail. The High Court observed that the issue of suppression of material facts pertains to the court that granted bail and therefore should be addressed there. Consequently, the High Court disposed of the present application, granting the petitioner liberty to withdraw it and re‑file before the concerned court. No substantive merits on the bail cancellation were decided by the High Court.

Issues considered

  • What is the appropriate forum for filing an application for cancellation of bail when the ground is suppression of material facts and a false affidavit?
  • Whether the High Court can entertain the bail cancellation application despite it relating to the order of a lower court

Subjects

  • bail cancellation
  • false affidavit
  • child in conflict with law
  • suppression of material fact
  • jurisdiction
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73005 of 2025
                     Arising Out of PS. Case No.-426 Year-2024 Thana- BIKRAMGANJ District- Rohtas
                 ======================================================
                 Manju Devi W/o Arun Kumar Singh @ Arun Singh R/o Village -
                 Kharahatand, P.S - Semri, District - Buxar At present R/o Village -
                 Mathurapur Colony, Ward No. 2, Dalmia Nagar, District - Rohtas

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Chandan Kumar @ Chandan Yadav S/o Bharat Yadav Aged about 17 Years 8
                 Months 8 Days, Child in conflict with law R/o Village - Dharupur, P.S -
                 Bikramganj, District - Rohtas

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Babu Nandan Prasad, Advocate
                 For the Opposite Party/s :       Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

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

                   APP for the State.

                                2. The present application for cancellation of bail has

                   been filed against the order dated 18.03.2025 passed by the

                   learned Court of 1st Additional District and Sessions Judge-cum-

                   Special Judge, Children Court, Rohtas at Sasaram whereby and

                   whereunder the bail was granted to the opposite party no.2.

                                3. After some arguments, learned counsel appearing

                   for the petitioner seeks to withdraw the present application in

                   order to make a prayer for cancellation of bail before the learned

                   Court of 1st Additional District and Sessions Judge-cum-Special

                   Judge, Children Court, Rohtas at Sasaram in view of the fact
              Patna High Court CR. MISC. No.73005 of 2025(2) dt.05-01-2026
                                                          2/2




                        that a false affidavit has been given by the father of the CICL

                        with regard to his criminal antecedent which amounts to false

                        representation of fact as also suppression of material fact

                        coupled with filing of a false affidavit.

                                     4. Considering the fact that the ground on which the

                        present cancellation application has been filed relates to

                        suppression of fact before the Court granting bail to the opposite

                        party no.2, the desirable course would be that the cancellation of

                        bail be filed before the concerned Court.

                                     5. In such view of the matter, the present application

                        is disposed of with the liberty granted to the petitioner aforesaid.



                                                  (Soni Shrivastava, J)
anand/-

U         T


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.