Patna High Court
Kaushal KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SONI SHRIVASTAVA
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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