Patna High Court
Anurag Tiwari @ Anuraj TiwariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
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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