Created by Fuzzy Cloud

Patna High Court

Ashish KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The anticipatory bail granted to the opposite party stands and the application for its cancellation is dismissed.

Summary

The petitioner, Ashish Kumar, filed an application seeking the cancellation of anticipatory bail granted to Sanjeev Kumar, the alleged purchaser of a disputed plot of land. The petitioner alleged a reasonable apprehension that witnesses might be tampered with and that the bail was granted on extraneous considerations. The High Court held that vague apprehensions do not suffice to cancel bail and noted that the lower court had based its order on substantial reasons, including the presumption of bona‑fide purchase under a registered transaction and the absence of any cogent evidence of complicity. The court also observed that appropriate conditions were imposed on the bail, such as cooperation with the investigation and physical presence in court. Consequently, the application for cancellation was dismissed, though the petitioner was advised that a fresh application could be filed if supervening circumstances arise.

Issues considered

  • Whether anticipatory bail can be cancelled on the basis of a vague apprehension of witness tampering
  • Whether the bail was granted on extraneous considerations contrary to law
  • Whether the presumption of bona‑fide purchase by a vendee precludes cancellation of anticipatory bail

Subjects

  • anticipatory bail
  • cancellation of bail
  • witness tampering
  • bona fide purchaser
  • land dispute
  • Criminal Procedure Code
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79333 of 2024
                  Arising Out of PS. Case No.-1504 Year-2023 Thana- PHULWARISHARIF District- Patna
                 ======================================================
                 Ashish Kumar Son of Late Ravish Kumar Sinha Mohalla- Prem Niketan P.O.-
                 Anisabad, P.S.- Gardanibagh, Phulwari, Dist.- Patna, Bihar. Pin- 800002, also,
                 Permanent Resident of Prem Niketan, P.O. Anisabad, Phulwari, District-
                 Patna, Bihar- 800002

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Sanjeev Kumar Son of Late Kameshwar Prasad R/O Vill.- Mobarakpur,
                 P.O.- Kharthwa, P.S.- Harnaut, Dist.- Nalanda, Pin- 803110, Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Siddharth Shankar Pandey, Advocate
                 For the Opposite Party/s :      Mr.Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   12-01-2026                     Heard learned counsel for the petitioner and learned

                   APP of the State.

                                2. The petitioner has filed the present application

                   seeking cancellation of anticipatory bail granted to opposite

                   party no. 2 by the learned Addl. District and Sessions Judg-VIII,

                   Patna vide order dated 13.09.2024 in A.B.P. No.2228 of 2024.

                                3. Upon perusal of the petition, the instant application

                   for cancellation of anticipatory bail has been filed primarily on

                   the ground of a reasonable apprehension of witnesses being

                   tampered and the likelihood of commission of similar nature of

                   crime, as has been urged by the petitioner.

                                4. The bail already granted to opposite party No. 2
Patna High Court CR. MISC. No.79333 of 2024(4) dt.12-01-2026
                                            2/3




          cannot be cancelled on the mere basis of vague apprehension.

          Moreover, the other ground raised on behalf of the petitioner is

          that the bail was granted on extraneous considerations is also fit

          to be rejected, inasmuch as the order passed by the learned court

          concerned is based on substantial reasons. The said order clearly

          records that the opposite party No. 2 is merely a purchaser of

          the plot in question, which was sold to him by the younger

          brother of the petitioner and that there exists a well-recognized

          presumption of bona fide belief on the part of a purchaser

          arising out of a duly registered transaction of land.

                       5. The learned court concerned has taken into

          consideration the fact that opposite party No. 2 was merely a

          vendee of the land and that the transaction had taken place

          between private parties. The court has also considered that no

          cogent legal evidence was collected during the course of

          investigation so as to establish the complicity of opposite party

          No. 2 in the alleged offence.

                       6. The Court concerned has also carefully put the

          conditions which involves co-operation in the investigation and

          also being present physically on each and every date in the

          learned trial Court till the hearing or framing of charge.

                       7. In such background of the facts and considering
              Patna High Court CR. MISC. No.79333 of 2024(4) dt.12-01-2026
                                                          3/3




                        well reasoned order of the learned Court concerned granting

                        anticipatory bail to the opposite party no.2, this Court is not

                        inclined to interfere with the impugned order.

                                     8. However, it goes without saying that in case of any

                        supervening circumstances, the petitioner would always have

                        liberty to move for cancellation of bail seeking the relief.

                                     9. Accordingly, the application is dismissed.



                                                  (Soni Shrivastava, J)
Harsh/-

U         T


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.