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Patna High Court

Kaushal KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that there was no reason to interfere with the anticipatory bail order and dismissed the petition.

Summary

Petitioner Kaushal Kumar filed an application seeking the cancellation of anticipatory bail granted to respondents No.2 to 9 by the Additional District and Sessions Judge, Gaya, on 04‑06‑2025. No counsel appeared for the petitioner, while the State’s counsel was present. The bail order permitted the respondents to file a representation before the investigating officer via the SHO of Paraiya police station and was disposed of relying on the precedent set in Naushad Ansari v. State of Bihar (Cr. Misc. No.3536 of 2024). The High Court found no substantive ground to interfere with the earlier bail order. Consequently, the application for cancellation was dismissed, leaving the anticipatory bail in force.

Issues considered

  • Whether the anticipatory bail order granted to the respondents should be cancelled
  • Whether there are sufficient grounds for the High Court to interfere with the lower court’s bail order
  • Whether the provision for filing a representation before the investigating officer affects the validity of the bail

Subjects

  • anticipatory bail
  • cancellation
  • criminal miscellaneous
  • high court
  • representation before investigating officer
  • precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75489 of 2025
                        Arising Out of PS. Case No.-108 Year-2025 Thana- PARAIYA District- Gaya
                 ======================================================
                 Kaushal Kumar S/O Sh. Vashisth Singh R/O Vill.- Baigoman, Post- Punakla,
                 P.S.- Paraiya, Dist.- Gaya.
                                                                        ... ... Petitioner/s
                                                 Versus
           1.     The State of Bihar
           2.    Indradeo Yadav S/o Keshwar Yadav R/O-Village Baigoman, Post Punakala,
                 P.S. Paraiya, District - Gaya (Bihar)
           3.    Sushma Devi W/o Keshav Sao R/O-Village Ajmatganj, P.S. Paraiya,
                 District- Gaya (Bihar)
           4.    Vishwajeet Kumar S/o Ramashish Yadav R/O- Village Baigoman, Post-
                 Punakala, P.S.- Paraiya, District - Gaya (Bihar)
           5.    Munni Kumari W/o Sunil Kumar R/O- Village Paraiya Khurd, P.S. -Paraiya,
                 District- Gaya (Bihar)
           6.    Basanti Devi W/o Krishna Paswan R/O- Village - Ajmatganj, P.S. - Paraiya,
                 District - Gaya (Bihar)
           7.    Satyendra Singh S/o Late Ram Lagan Singh R/O-Village - Baigoman, Post-
                 Punakala, P.S. - Paraiya, District - Gaya (Bihar)
           8.    Mithlesh Yadav S/o Sahdeo Yadav R/O Village - Punakala Tola- Lorhar,
                 P.S.- Paraiya, District - Gaya (Bihar)
           9.     Manoj Kumar Sinha Licensed Deed Writer (L.N. 161/02)
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       None
                 For the Opposite Party/s :       Mr. Tarun Prasad Mandal
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   12-01-2026                  Nobody appears on behalf of the petitioner. However,

                   learned APP for the State is present.

                                2. The petitioner has sought the cancellation of

                   anticipatory bail granted to the opposite party nos. 2 to 9 vide

                   order dated 04.06.2025 passed by the court of the learned

                   Additional District and Sessions Judge-IV, Gaya. It appears that

                   the said order has been passed granting liberty to the opposite
             Patna High Court CR. MISC. No.75489 of 2025(3) dt.12-01-2026
                                                         2/2




                       parties to file representation before the Investigating Officer of

                       the case through the SHO, Paraiya police station and has been

                       disposed of in view of the order passed in the case of Naushad

                       Ansari Vs. The State of Bihar (Cr. Misc. No.3536 of 2024),

                       hence I see no reason to interfere with the present order.

                                    3. Accordingly, the present application is dismissed.



                                                 (Soni Shrivastava, J)
devendra/-

U      T


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