Created by Fuzzy Cloud

Patna High Court

YASMIN BEGUM @ YASMIN PRAVEENversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The application for cancellation of bail was dismissed, directing the petitioner to approach the court that granted anticipatory bail.

Summary

Yasmin Begum filed an application seeking cancellation of the regular bail granted to Arjun Das by the Chief Judicial Magistrate, Purnea, on the ground that he violated the bail conditions and misused the privilege. The petitioner argued that the bail order should be set aside for this alleged breach. The court examined whether the appropriate forum for such a cancellation was the court that had earlier granted anticipatory bail to the accused. It held that the petitioner should approach the court that granted the anticipatory bail rather than the present court. Consequently, the application was disposed of, with liberty to the petitioner to move before the appropriate court.

Issues considered

  • Whether the regular bail granted to the accused can be cancelled on alleged violation of bail conditions
  • Whether the appropriate forum for seeking cancellation of bail is the court that granted anticipatory bail

Subjects

  • bail
  • cancellation of bail
  • anticipatory bail
  • jurisdiction
  • violation of bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74353 of 2022
                   Arising Out of PS. Case No.-1194 Year-2021 Thana- KHAJANCHI HAT District- Purnia
                 ======================================================
                 YASMIN BEGUM @ YASMIN PRAVEEN W/o Late Md. Irfan R/o mohalla-
                 Khakanchi Hat, P.S.- Khajanchi Hat, District- Purnea (Bihar)

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    ARJUN DAS S/o Mathuri Das R/v- Madhopara, Near Old Mosque, Rui
                 Gola, Santhal Tola, P.S.- K. Hat Sahayak, District- Purnea (Bihar)

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

4   08-01-2026                    Heard learned counsel for the petitioner and learned

                   APP of the State.

                                2. The petitioner has filed the present application

                   seeking cancellation of regular bail granted to the opposite party

                   no. 2 by the learned Chief Judicial Magistrate, Purnea vide order

                   dated 28.07.2022 in connection with K. Hat (Sahayak) P.S. Case

                   No. 1194 of 2021, G.R. No. 3126 of 2021.

                                3. Learned counsel for the petitioner has assailed the

                   order granting bail on the ground of violation of conditions of

                   bail granted to the opposite party no.2 and consequently with

                   regard to misuse of the privilege of bail.

                                4. For such ground, desirable course would be to
              Patna High Court CR. MISC. No.74353 of 2022(4) dt.08-01-2026
                                                          2/2




                        approach the learned Court concerned which had granted

                        anticipatory bail to the opposite party no.2.

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

                        disposed of with liberty to the petitioner to move before Court

                        concerned which had granted bail to the opposite party no.2.



                                                  (Soni Shrivastava, J)
Harsh/-

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.