Patna High Court
SAUMYA SHUBHANGI @ SAUMYA SUBHANGIversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The High Court disposed of the application, allowing the petitioner to approach the Sessions Court for cancellation of the bail bonds on grounds of violation of the bail condition.
Summary
The petitioner, Saumya Shubhangi, filed an application before the Patna High Court challenging the regular bail granted to her husband, Rajesh Kumar, by the Sessions Judge on 18-10-2022. The bail order conditioned the accused to deposit Rs.5,000 per month as interim relief to the petitioner, with a provision for cancellation if the condition was breached. The petitioner sought to withdraw the present application and instead approach the Sessions Court for cancellation of the bail bonds on the ground of non‑compliance with the condition. The High Court heard arguments from both sides and noted the specific direction in the bail order. It disposed of the application, granting the petitioner liberty to approach the lower court for cancellation of the bail bonds. No substantive merits of the bail condition were adjudicated by the High Court.
Issues considered
- What is the appropriate procedure for a petitioner to seek cancellation of bail bonds when a condition of bail is alleged to be violated?
- Can the petitioner withdraw the present application and approach the Sessions Court for cancellation of bail?
Subjects
- regular bail
- condition of bail
- cancellation of bail
- interim relief
- Criminal Procedure Code
- High Court
- Petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73910 of 2022
Arising Out of PS. Case No.-458 Year-2021 Thana- TAJPUR District- Samastipur
======================================================
SAUMYA SHUBHANGI @ SAUMYA SUBHANGI W/O Rajesh Kumar @
Dr. Rajesh Kumar R/O Village- Madhopur Digharua, Ward No-09, P.S-
Tajpur, District- Samastipur. ... ... Petitioner/s
Versus
1. The State of Bihar
2. Rajesh Kumar @ Dr. Rajesh Kumar S/O Lachhaman Sah R/O Village-
Madhopur Digharua, Ward No- 09, P.S- Tajpur, District- Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gaurav Kumar, Advocate
Ms. Kumari Archana, Advocate
For the State : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 13-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been preferred against
the order dated 18.10.2022 passed by the learned Sessions
Judge, Samastipur in B.P. No.1083 of 2022, whereby and
whereunder the opposite party no.2 was granted regular bail.
3. After some arguments, learned counsel for the
petitioner prays to withdraw this application in order to
approach the concerned Court for cancellation of bail bonds of
opposite party no.2, in view of the specific direction given by
the learned Sessions Judge vide order dated 18.10.2022,
allowing regular bail to opposite party no.2, that in case the
opposite party no.2 would not deposit an amount of Rs.5,000/-
Patna High Court CR. MISC. No.73910 of 2022(4) dt.13-01-2026
2/2
per month as interim relief to his wife and if such fact is
reported by the informant, then the bail bonds would be liable to
be cancelled by the learned Court below itself.
4. In such view of the matter, the present application
is disposed of with the liberty to the petitioner to approach the
Court concerned for cancellation of bail bonds on the grounds of
violations of condition of bail.
(Soni Shrivastava, J)
Trivedi/-
U T
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