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Patna High Court

Soni KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted the petitioner liberty to file an application before the Principal District and Sessions Judge, Bhojpur, for cancellation of the bail bonds.

Summary

The petitioner, Soni Kumari, filed an application challenging an order dated 28.08.2024 that had granted anticipatory bail to the opposite party, Deepak Kumar, and allowed him to move before the lower court to cancel his bail bonds if he failed to pay Rs.5,000 for two consecutive months. The petitioner had earlier applied on 19.09.2024 to cancel the bail bonds, which remained pending before the Additional Chief Judicial Magistrate, Bhojpur. The learned counsel for the petitioner sought clarification on the liberty to approach the Principal District and Sessions Judge for cancellation of the bail bonds in light of the earlier order. The High Court examined the procedural aspects and the direction in the earlier order. The Court disposed of the present application, granting the petitioner liberty to file an application before the Principal District and Sessions Judge, Bhojpur, for cancellation of the bail bonds. No substantive merits of the bail cancellation were decided in this order.

Issues considered

  • What is the effect of the order granting anticipatory bail on the petitioner's ability to seek cancellation of bail bonds?
  • Whether the petitioner is entitled to liberty to approach the Principal District and Sessions Judge for cancellation of bail bonds.

Subjects

  • anticipatory bail
  • bail bond cancellation
  • criminal procedure
  • high court order
  • liberty to file application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75622 of 2025
                    Arising Out of PS. Case No.-1837 Year-2022 Thana- BHOJPUR COMPLAINT CASE
                                                     District- Bhojpur
                 ======================================================
                 Soni Kumari W/O Deepak Kumar, D/O Pradeep Kumar R/O Mohalla- Bind
                 Toli, P.S- Arrah Town, P.O.- Arrah, Dist- Bhojpur, presently Vill.- Dhobaha
                 Bazar, P.S.- Arrah Mufassil, Dist.- Bhojpur.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar Patna
           2.    Deepak Kumar S/O Raj Kishore Prasad R/O Mohalla- Bind Toli, P.S- Arrah
                 Town, Dist- Bhojpur- 802301

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Rajendra Nath Sinha, Advocate
                 For the Opposite Party/s :    Mr. Nawal Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   06-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The present application has been preferred against

                   the order dated 28.08.2024 passed in Cr. Misc. No.53039 of

                   2024 by a coordinate Bench of this Court granting anticipatory

                   bail to opposite party no.2 herein.

                                3. It would be apparent from the order dated

                   28.08.2024 passed by a coordinate Bench of this Court that a

                   liberty was granted to the opposite party no.2 (petitioner herein)

                   to move before the learned Court below for cancelling the bail

                   bonds of the petitioner (opposite party no.2 herein), in case he

                   fails to make payment of Rs.5000/- on two consecutive months.
            Patna High Court CR. MISC. No.75622 of 2025(2) dt.06-01-2026
                                                        2/2




                                   4. Learned counsel for the petitioner has informed this

                      Court that he had filed an application for cancellation of bail

                      bonds of opposite party no.2 as far back as on 19.09.2024 before

                      the learned A.C.J.M., Bhojpur at Ara which remained pending.

                                   5. However, after some arguments, learned counsel

                      for the petitioner proposes to file an application before the

                      learned Principal District and Sessions Judge, Bhojpur at Ara for

                      cancellation of bail bonds of opposite party no.2 in view of the

                      observations/direction made in the order dated 28.08.2024

                      passed in Cr. Misc. No.53039 of 2024 by a coordinate Bench of

                      this Court.

                                   6. Accordingly, this application is disposed of with a

                      liberty to the petitioner to file an application before the learned

                      Principal District and Sessions Judge, Bhojpur at Ara as

                      aforesaid.


                                                (Soni Shrivastava, J)

Trivedi/-

U       T


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