Patna High Court
Khushboo PrabeenversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The High Court disposed of the application, directing the petitioner to raise the issue before the court that granted anticipatory bail.
Summary
The petitioner, Khushboo Prabeen, sought cancellation of anticipatory bail granted to Md. Akil (Opposite Party No.2) in a criminal case (Case No.40/2024). The ground alleged was that the accused had threatened the petitioner, warranting revocation of bail. The Patna High Court held that the petitioner may raise these concerns before the court that originally granted bail, rather than the High Court. Consequently, the application for cancellation was disposed of. The court also directed the lower court to strictly enforce the bail conditions and consider cancellation if they are violated.
Issues considered
- Whether anticipatory bail granted to the accused can be cancelled on the ground of alleged threat to the petitioner
Subjects
- anticipatory bail
- cancellation
- threat
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66514 of 2024
Arising Out of PS. Case No.-40 Year-2024 Thana- KATIHAR NAGAR District- Katihar
======================================================
Khushboo Prabeen Wife of Late Chhotu Poddar @ Chhotelal Poddar R/o Mo-
halla- Anand Nagar Ward No.45 Katihar, P.O.- Katihar, P.S.- Katihar Town,
District- Katihar
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Md. Akil @ Chand Hasami Son of Md. Manjar Alam R/o Mohalla- Dakshin
Tola, Garbheli, P.S.- Muffasil, Katihar, District- Katihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Jeevan Singh, Advocate
For the State : Mr. Ram Priya Sharan Singh, Advocate
For the O.P. No. 2 : Mr. Arun Kumar, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 13-01-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the Opposite Party No. 2.
2. The present application for cancellation of anticipa-
tory bail has been filed against the order dated 05.07.2024
passed by the learned Court of Additional Sessions Judge-IV,
Katihar in A.B.P. No. 643 of 2024 in connection with Katihar
Town P.S. Case No. 40 of 2024 whereby and whereunder antici-
patory bail was granted to the opposite party no. 2.
3. The ground for cancellation that has been urged
by the learned counsel appearing for the petitioner relates to su-
pervening circumstance in the nature of threatening the peti-
tioner for which the desirable course would be to move before
Patna High Court CR. MISC. No.66514 of 2024(4) dt.13-01-2026
2/2
the concerned Court which has granted privilege of anticipatory
bail to the opposite party no. 2.
4. In such view of the matter, the petitioner is granted
liberty to raise the issues before the Court concerned which has
granted bail to the opposite party no.2.
5. With the aforesaid liberty, this application is dis-
posed off.
6. However, this Court directs the learned Court con-
cerned to strictly adhere to the conditions which have been im-
posed upon the accused persons and in any case of violation of
the same the learned Court concerned would seriously consider
the cancellation of the anticipatory bail granted to the Opposite
Party No. 2.
(Soni Shrivastava, J)
Vikash/-
U T
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