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Patna High Court

Anurag Tiwari @ Anuraj TiwariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The petitioner's application is disposed of, with liberty to approach the court that granted anticipatory bail for cancellation.

Summary

The petitioner, Anurag Tiwari, filed an application seeking to withdraw his present petition and instead request the cancellation of anticipatory bail granted to the opposite party, Deva Gupta. The petitioner alleged suppression of material facts regarding criminal antecedents and threats to his family as grounds for cancellation. The court examined whether the petitioner could shift his relief to the court that originally granted the anticipatory bail. It held that the petitioner may approach the concerned court with a fresh application for cancellation of bail. Accordingly, the present application was disposed of, and the petitioner was granted liberty to raise the issue before the bail-granting court, with a direction that any such application be decided within six weeks.

Issues considered

  • Whether the petitioner can withdraw the present application and seek cancellation of anticipatory bail granted to the opposite party
  • Whether the appropriate forum for seeking cancellation of anticipatory bail is the court that originally granted the bail

Subjects

  • anticipatory bail
  • cancellation of bail
  • jurisdiction
  • withdrawal of application
  • threats

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83176 of 2025
                    Arising Out of PS. Case No.-841 Year-2025 Thana- MOTIHARI TOWN District- East
                                                       Champaran
                 ======================================================
                 Anurag Tiwari @ Anuraj Tiwari S/o Shri Shashikant Tiwari Resident of
                 Village- Pipra, P.O.- Pipra, P.S.- Gobindpur, District- East Champaran, Bihar

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Deva Gupta S/o Harikishore Prasad Gupta R/o - Ward No. -18 , Barhi tola,
                 P.S.- Chhatauni, Distt.- East Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kumar Harshvardhan, Advocate
                 For the Opposite Party/s :      Mr. Yogendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   19-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. After some arguments, learned counsel appearing

                   for the petitioner seeks to withdraw the present application in

                   order to make a prayer for cancellation of bail before the learned

                   Court concerned, which has granted privilege of anticipatory

                   bail to the opposite party no.2 as the main ground for

                   cancellation is suppression of material facts with regard to

                   criminal antecedents as also the threatening being given to the

                   the petitioner and other family members. With regard to such

                   grounds, the desirable course would be to move before the

                   concerned Court which has granted privilege of anticipatory bail
              Patna High Court CR. MISC. No.83176 of 2025(3) dt.19-01-2026
                                                          2/2




                        to the opposite party no.2.

                                     3. 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 by way of filing an

                        application and in case, if such an application is filed, the same

                        would be disposed of by the learned Court concerned,

                        preferably, within a period of six weeks.

                                     4. With the aforesaid liberty, this application is

                        disposed of.



                                                  (Soni Shrivastava, J)
anand/-

U         T


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