Patna High Court
Manju DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
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
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