Patna High Court
Ashish KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SONI SHRIVASTAVA
Holding
The anticipatory bail cannot be cancelled; the application for cancellation is dismissed.
Summary
Ashish Kumar filed an application seeking cancellation of the anticipatory bail granted to Manshi Srivastava and Neeru Sinha, alleging a reasonable apprehension that witnesses might be tampered with and that the bail was granted on extraneous considerations. The Patna High Court examined the petition and noted that the bail order was based on substantial reasons, there were no specific allegations against the respondents, and they had no criminal antecedent. The Court held that vague apprehensions do not justify revoking anticipatory bail and that the lower court had also attempted reconciliation. Consequently, the Court declined to interfere with the bail order, though it left open the possibility of future cancellation if supervening circumstances arise. The application for cancellation was therefore dismissed.
Issues considered
- Can anticipatory bail granted to the respondents be cancelled on the ground of a reasonable apprehension of witness tampering?
- Was the anticipatory bail order based on extraneous considerations, thereby warranting cancellation?
Subjects
- anticipatory bail
- cancellation of bail
- witness tampering
- criminal procedure
- bail order
- land fraud
- family dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80482 of 2024
Arising Out of PS. Case No.-1504 Year-2023 Thana- PHULWARISHARIF District- Patna
======================================================
Ashish Kumar S/o- Late Ravish Kumar Sinha R/o- Prem Niketan P.O-
Anisabad PS- Gardanibagh District- Patna Bihar Pin 800002 and also
Permanent Resident of Prem Niketan P.O Anishabad PS Gardanibagh
Phulwari District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Manshi Srivastava W/o- Manish Sarvesh R/o- Sardar Patel Park Near Dinkar
Golambar Road 8-A, Rajendra Nagar Ps- Kadamkuan Patna
3. Neeru Sinha W/o- Binay Kumar Sinha R/o- Sardar Patel Park Near Dinkar
Golambar Road 8-A, Rajendra Nagar Ps- Kadamkuan Patna
... ... 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 nos. 2 and 3 by the learned Addl. District and Sessions
Judg-VIII, Patna vide order dated 13.09.2024 in A.B.P. No.1680
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
tempered and the likelihood of commission of similar nature of
Patna High Court CR. MISC. No.80482 of 2024(4) dt.12-01-2026
2/3
crime, as has been urged by the petitioner.
4. The bail already granted to opposite party nos. 2
and 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. It is also a fact that opposite party nos. 2 and 3 are
female members of the family i.e., the wife and mother of co-
accused Manish Sarvesh, the younger brother of the petitioner,
against whom the thrust of the allegation rests with respect to
selling off the land falling in share of the petitioner, fraudulently
on the basis of forged signatures.
5. The learned Court concerned has taken into
consideration the fact that there are general and omnibus
allegations against opposite party nos. 2 and 3 with no specific
imputation against them and also that they had no criminal
antecedent. The averments made in the cancellation of bail
petition and the order sheet of the concerned Court also
indicates that the court made several attempts for reconciliation
and amicable resolution of the matter between the parties.
Patna High Court CR. MISC. No.80482 of 2024(4) dt.12-01-2026
3/3
6. In such background of the facts and considering
well reasoned order of the learned Court concerned granting
anticipatory bail to the opposite party nos. 2 and 3, this Court is
not inclined to interfere with the impugned order.
7. 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.
8. Accordingly, the application is dismissed.
(Soni Shrivastava, J)
Harsh/-
U T
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