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Patna High Court

Anjali KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that an application for cancellation of anticipatory bail must be filed before the court that granted the bail, and therefore dismissed the petitioner's application.

Summary

Anjali Kumari filed an application before the Patna High Court seeking the cancellation of anticipatory bail that had been granted to respondents Nos. 2 to 4 by the Additional Sessions Judge. The bail order was issued in A.B.P. No. 2281 of 2025 on 15 September 2025. The petitioner argued that the bail should be set aside on the ground of suppression of facts. The Court observed that the appropriate remedy for the petitioner was to approach the court that originally granted the anticipatory bail, rather than this Court. Consequently, the application for cancellation of bail was disposed of without any order altering the bail.

Issues considered

  • What is the appropriate forum for seeking cancellation of an anticipatory bail order granted by a lower court?

Subjects

  • anticipatory bail
  • cancellation of bail
  • jurisdiction
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86541 of 2025
                 Arising Out of PS. Case No.-9271 Year-2023 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Anjali Kumari Wife of Late Pankaj Kumar Resident of House No.-128,
                 Rampur, Near Bank of India, Gari Khana, Khagaul, Police Stattion - Khagaul,
                 District - Patna presently Resides as Daughter of Umesh Prasad, Ganga
                 Vishnu Nagar Road No.-3A, Kankarbagh, Police Station -Kankarbagh,
                 District - Patna.

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Soni Kumari Daughter of - Late Sheetal Prasad Resident of - House No.-
                 128, Rampur, Near Bank of India, Gari Khana, Khagaul, Police Stattion
                 Khagaul, District - Patna
           3.    Rupa Kumar Wife of - Late Sheetal Prasad Resident of - House No.-128,
                 Rampur, Near Bank of India, Gari Khana, Khagaul, Police Stattion Khagaul,
                 District - Patna
           4.    Rajesh Kumar Ranjan Son of Raghubir Singh Resident of Village Arap Near
                 Panchayat Bhawan, Police Station-Arap, District - Patna

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

2   06-01-2026                     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 to 4 by the learned Addl. Sessions Judge-XXXII,

                   Patna vide order dated 15.09.2025 passed in A.B.P. No. 2281 of

                   2025.

                                3. After some arguments, learned counsel for the
              Patna High Court CR. MISC. No.86541 of 2025(2) dt.06-01-2026
                                                          2/2




                        petitioner prays for withdrawal of the present application for

                        cancellation of bail in order to seek his remedy before Court

                        concerned which has granted anticipatory bail to the opposite

                        party nos. 2 to 4 as her main ground for cancellation of bail is

                        suppression of fact and the proper and efficacious course in such

                        circumstances would be to approach the court Concerned which

                        granted bail to the opposite party nos. 2 to 4.

                                        4. With such observation, the present application

                        stands disposed of.


                                                  (Soni Shrivastava, J)

Harsh/-

U         T


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