Patna High Court
Rahbar AbdinversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The application for cancellation of anticipatory bail is dismissed, with the petitioner directed to approach the court that granted the bail.
Summary
Rahbar Abdin filed an application seeking cancellation of the anticipatory bail granted on 15 September 2023 to Manvitha Kumari Moni by the Additional Sessions Judge, Patna. The petitioner alleged that the bail order was obtained by suppressing facts about the opposite party's criminal antecedents. The Patna High Court held that such a grievance should be raised before the court that originally granted the bail. Consequently, the court granted the petitioner liberty to approach that court and dismissed the present application. The matter was therefore disposed off without any order altering the bail.
Issues considered
- What is the appropriate forum for seeking cancellation of an anticipatory bail order?
- Can anticipatory bail be cancelled on the ground of alleged suppression of facts regarding the accused's criminal antecedents?
Subjects
- anticipatory bail
- cancellation of bail
- criminal antecedents
- jurisdiction
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81070 of 2024
Arising out of PS. Case No.-261 Year-2023 Thana- SHRIKRISHNAPURI District- Patna
======================================================
Rahbar Abdin S/o Sarwar Abdin Resident of 405, Pushapnjali Complex, Op-
posite Police Check Post, Boring Road, P.S.- S.K Puri, District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Manvitha Kumari Moni D/o Subhash Kumar R/o D.N. Das Road, Langar
Toli, P.S. - Kadamkuan, Distt. - Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gautam Kejriwal, Advocate
Mr. Alok Kumar Jha, Advocate
For the Opposite Party/s: Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 12-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application for cancellation of anticipa-
tory bail has been filed against the order dated 15.09.2023
passed by the learned Court of Additional Sessions Judge-
XXXII, Patna whereby and whereunder bail was granted to the
opposite party no. 2.
3. The ground for cancellation that has been urged
by the learned counsel appearing for the petitioner is
confined to suppression of fact with regard to
criminal antecedents of Opposite Party No. 2. With regard to
such ground, the desirable course would be to move
Patna High Court CR. MISC. No.81070 of 2024(4) dt.12-01-2026
2/2
before the concerned Court which has granted privilege of antic-
ipatory bail to the opposite party no. 2.
4. In such view of the matter, the petitioner is granted
liberty to raise the issues before the Court concerned which has
granted bail to the opposite party no.2.
5. With the aforesaid liberty, this application is dis-
posed off.
(Soni Shrivastava, J)
Vikash/-
U T
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