Patna High Court
Shambhu Kumar @ Shambhu Kumar RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The anticipatory bail order was not cancelled; the application for cancellation was dismissed.
Summary
The petitioner, Shambhu Kumar, sought cancellation of an anticipatory bail order granted to several accused (including Devta Devi, Shushila Devi, and others) in a criminal case concerning a grievous injury (fracture of nasal bones) to the informant. The petitioner alleged that the court had suppressed facts about the accused's extensive criminal antecedents and the seriousness of the injury. The High Court examined the bail order, noting that the trial court had required the bailors to be close relatives and had recorded the nature of the injury. The Court held that these considerations did not warrant cancellation of the anticipatory bail. It directed the petitioner to approach the court that originally granted the bail for any further remedy, and disposed of the present application without cancelling the bail.
Issues considered
- Whether the anticipatory bail granted to the accused should be cancelled on the ground of suppression of facts regarding their criminal antecedents
- Whether the grievous nature of the injury to the informant justifies revocation of anticipatory bail
Subjects
- anticipatory bail
- cancellation of bail
- suppression of facts
- grievous injury
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76719 of 2025
Arising Out of PS. Case No.-125 Year-2025 Thana- MORKAHI District- Khagaria
======================================================
Shambhu Kumar @ Shambhu Kumar Ram S/o- Surendra Ram R/v- Sabalpur
W.No-7, Ps- Morkahi Dist- Khagaria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Devta Devi w/o- Binod Ram R/v- Sabalpur Po- Marar Ps- Morkahi Dist-
Khagaria
3. Shushila Devi W/o- Binod Ram R/v- Sabalpur Po- Marar Ps- Morkahi Dist-
Khagaria
4. Chano Ram S/o- Late Kaleshwar Ram R/v- Sabalpur Po- Marar Ps- Morkahi
Dist- Khagaria
5. Rajesh Ram S/o- Chano Ram R/v- Sabalpur Po- Marar Ps- Morkahi Dist-
Khagaria
6. Binod Ram S/o- Chano Ram R/v- Sabalpur Po- Marar Ps- Morkahi Dist-
Khagaria
7. Subodh Ram S/o- Chano Ram R/v- Sabalpur Po- Marar Ps- Morkahi Dist-
Khagaria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrityunjay Kumar
For the Opposite Party/s : Mr. Mithlesh Kumar Khare
======================================================
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 filed for
cancellation of anticipatory bail granted by the learned In-
charge Sessions Judge, Khagaria vide A.B.P. No. 1067 of 2025
dated 08.09.2025 passed in Morkahi P.S. Case No. 125 of 2025.
3. Learned counsel for the petitioner has submitted
that there is suppression of fact with regard to the criminal
Patna High Court CR. MISC. No.76719 of 2025(2) dt.06-01-2026
2/2
history of the opposite party nos. 2 to 7 as they all have criminal
antecedent to the extent that some of them even have more than
one criminal antecedent. It has also been submitted that the
learned court has also not considered the fact that the injury
received by the informant was grievous in nature.
4. Upon perusal of the order granting bail, it is clear
that the learned court has granted bail asking the bailors to be
close relatives and also to verify that the informant had received
a fracture of B/L Nasal bones with soft tissue swelling. This
Court does not find such consideration a ground sufficient to
cancel the bail of the opposite parties. However, so far as the
suppression of fact is concerned, the desirable course for the
petitioner would be in this regard to move before the court
which had granted the privilege of anticipatory bail.
5. With such liberty, the present application is
disposed of.
(Soni Shrivastava, J)
devendra/-
U T
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