Created by Fuzzy Cloud

Patna High Court

Sunil Tiwari @ Sunil TiwaryversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The order cancelling the anticipatory bail was quashed as it was passed without proper consideration of the bail conditions and post‑bail conduct.

Summary

The petitioners Sunil Tiwari, Chhotu Tiwary and Prem Shankar Tiwary were granted anticipatory bail on 14 January 2020 in connection with offences under Sections 341, 342, 323, 307, 363 and 364 of the Indian Penal Code. On 23 July 2024 the Additional Sessions Judge, Saran, cancelled that bail in Criminal Miscellaneous No. 214 of 2022, alleging seriousness of the allegations and a genuine fear of the informant. The petitioners filed an application before the Patna High Court seeking quash of the cancellation, contending that they had not violated any bail conditions and that the cancellation was made without a judicious assessment. The State opposed the application, asserting the cancellation was lawful. The High Court, after examining the record, held that there was no post‑bail incident or breach of conditions and that the trial court had not applied a proper mind, thereby quashing the order of bail cancellation. Consequently, the petitioner's application was allowed and the anticipatory bail remained in force.

Issues considered

  • What is the appropriate standard for cancelling anticipatory bail when the accused have not breached any bail conditions?
  • Whether the trial court erred in cancelling the anticipatory bail without a proper assessment of post‑bail conduct.

Legislation cited

Subjects

  • anticipatory bail
  • bail cancellation
  • Indian Penal Code
  • high court
  • quash order
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78053 of 2024
                         Arising Out of PS. Case No.-349 Year-2019 Thana- MANJHI District- Saran
                 ======================================================
           1.     Sunil Tiwari @ Sunil Tiwary Son of Kunj Bihari Tiwari R/O-Village-
                  Bahuara, P.O.- Lalganj, Police Station- Dokti, District -Balia (Uttar Pradesh)
           2.    Chhotu Tiwary @ Akhilelsh Tiwary Son of Kunj Bihari Tiwari R/O-Village-
                 Bahuara, P.O.- Lalganj, Police Station- Dokti, District -Balia (Uttar Pradesh)
           3.    Prem Shankar Tiwary Son of Tej Narayan Tiwary R/O-Village- Laxman
                 Chhapra, P.O.- Karan Chhapra, Police Station- Dokti, District -Balia (Uttar
                 Pradesh)

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Sima Yadav Wife of Binod Yadav Resident of Village- Chand Diyar Chowki,
                 P.S.- Chand Diyar Chowki, District- Balia (Uttar Pradesh)

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bashishtha Narayan Mishra, Advocate
                                                   Mr.Brij Kishor Mishra, Advocate
                                                   Mr. Avinash Raj, Advocate
                 For the Opposite Party/s :        Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

4   10-02-2026                   Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                 2. Nobody appears on behalf of the O.P. No. 2 despite

                   the appearance through vakalatnama.

                                 3. The present application has been filed for quashing

                   the order dated 23.07.2024 passed by Additional Sessions

                   Judge-5th , Saran at Chapra in Criminal Miscellaneous No. 214

                   of 2022, whereby the learned trial court has cancelled the

                   anticipatory bail granted to the petitioners vide order dated
Patna High Court CR. MISC. No.78053 of 2024(4) dt.10-02-2026
                                            2/3




          14.01.2020 passed in Anticipatory Bail Petition No. 3499 of

          2019 arising out of Manjhi P.S. Case No. 349 of 2019 registered

          for the offences under Sections 341, 342, 323, 307, 363 and 364

          of the I.P.C.

                       4. The learned counsel for the petitioner submits that

          the petitioners are aggrieved by the order dated 23.07.2024,

          whereby the anticipatory bail granted to the petitioners have

          been cancelled by the said order. He further submits that the

          petitioners were granted anticipatory bail by a well-reasoned

          order on 14.01.2020 and it is also not the case of the prosecution

          that the petitioner has misused the privilege of bail thereafter. It

          has next been submited that an application was filed before the

          learned trial court alleging therein that certain aspects were

          overlooked by the court while granting bail to the petitioners

          which were serious in nature and therefore, their bail bonds

          should be cancelled and it was on such application that the bail

          bonds of the petitioners were cancelled without application of

          judicious mind, especially ignoring the fact that the petitioners

          had not misused the conditions imposed upon them while

          granting bail. He lastly submits that it is a settled law that the

          cancellation of bail can be done only when the conditions

          imposed upon the petitioners are not followed or the petitioners
           Patna High Court CR. MISC. No.78053 of 2024(4) dt.10-02-2026
                                                       3/3




                     misuse the liberty of bail granted to them.

                                  5. Learned APP appearing on behalf of the State

                     opposes the said application and has submitted that there is no

                     illegality in the order dated 23.07.2024.

                                  6. Having heard the learned counsel for the parties

                     and upon perusal of the record, it is evident that the learned trial

                     court has taken into account the fact that the allegations against

                     the petitioners were serious and the apprehension of the

                     informant that they would be done to death is genuine and

                     therefore, has gone on to cancel the bail bonds of the petitioners.

                     It is apparent that the said order does not contain any post facto

                     incident after the petitioners were granted bail. In view of the

                     above, the order dated 23.07.2024 passed by Additional

                     Sessions Judge-5th , Saran at Chapra in Criminal Miscellaneous

                     No. 214 of 2022 is quashed.

                                  7. The present application stands allowed.



                                              (Sourendra Pandey, J)
aditya/-

U


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.